Barron County Canning & Pickle Co. v. Niana Pure Food Co.

The question of ranking importance is whether the defendant was entitled to cancel the contract because the cans were slack filled. By the terms of the contract the plaintiff guaranteed that the peas to be delivered under the contract would comply with the Pure Food and Drugs Act and should not be in any manner adulterated. The Pure Food and (Drugs Act prohibits the adulteration of foods. That act provides that foods shall be deemed to be adulterated “if any inferior or cheaper substance or substances have been substituted wholly or in part for it.” The presence of brine is necessary in…