Howard v. United Serum Co.

The Waterloo Serum Laboratories, Inc., was a corporation organized by Dr. Cecil; as its sole incorporator and stockholder and manager. It is represented here by a receiver, but, for the purpose of our discussion, we shall refer to the corporation itself as the plaintiff. The plaintiff handled hog cholera serum and virus, as a retail dealer, and was located at Waterloo. In January, 1920, it entered into a written contract of purchase of this hog cholera remedy from the defendant. The contention presented is that the product delivered to it by the defendant was impure, in that it contained the…