C. M. Miller Co. v. Ramey

It appears that, at the time of the sale on December 15, 1948, the plaintiff knew that the flour was subject to condemnation as. being unfit for human consumption, and he was under the impression that it had already been condemned. He represented to the defendant at the time he sold the flour to the defendant that the Government had nothing against the flour as long as it was sold for hog feed and not for human consumption. The agent of the U. S. Food and Drug Administration had already examined the flour, and on December 20, 1948, the libel of the United States against the flour was verified…