Ward Baking Co. v. Trizzino

OPINION OF COURT.

The following is taken, verbatim, from the opinion.

LEVINE, J.

In view of the seeming conflict -of authorities upon the subject, there being no direct authority in Ohio covering cases exactly like the case at bar, we find ourselves on virgin territory and are free to resort to our own processes of reasoning and considerations of the demands of justice.

The Baking Company, when it delivered the cake' in question to the grocery man, to say the least, impliedly represented to the public, who is the ultimate consumer, that this cake is free from injurious substances and fit for…