McKay v. Anheuser-Busch, Inc.

(dissenting) : I find myself out of accord with the position taken by Mr. Acting Associate Justice Grimball in sustaining the Circuit order which overruled the appellant’s demurrer to the amended complaint. The demurrer states in part:

“That the Amended Complaint shows on Its face that the Plaintiff was no.t misled as to the contents of the kegs of beer, and that he cannot be heard to complain that he was misled as to a matter that was within his knowledge at the time that the purchases were made, and waived any claim for shortage by the acceptance of the kegs and the continuing purchase of…