Lash, Inc. v. A. C. Ogden Milk Co.

This is an action to recover for certain merchandise sold on April 22, 1936, under the trade name of Lash’s Imitation Orangeade Fruit and Flavor Base, which the defendant refused to pay for upon the ground that there was an express warranty that the goods would be fit for the purpose intended, i. e., resale to retail trade, and they were not, because they did not comply with the provisions of the Agriculture and Markets Law.

Several other defenses have been interposed and while their consideration is unnecessary to a determination of the controversy, nevertheless, I decide:

1. That the…