Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Journal

University of Michigan Law School

1939

Food and Drug Law

Articles 1 - 5 of 5

Full-Text Articles in Law

Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen Jun 1939

Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen

Michigan Law Review

On an information charging the possession of "a certain habit forming drug, to wit: Marijuana . . . in violation of section 158, Chapter 91, Illinois Revised Statutes (1935)," defendant was convicted in the municipal court of Chicago. The Illinois adoption of the Uniform Narcotic Drug Act made the possession of "any narcotic drug" unlawful; defined "narcotic drugs" to include "cannabis"; and stated that "Cannabis includes the following substances, under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L.," from which the resin has not been extracted; (b) the …

Go to article

Municipal Corporations - Licenses - Prohibitory Fee On "Selfservice" Groceries, S. R. Stroud Jun 1939

Municipal Corporations - Licenses - Prohibitory Fee On "Selfservice" Groceries, S. R. Stroud

Michigan Law Review

A city ordinance imposed an annual license fee of $10,000 on "self-service" groceries. The city had power by statute to license stores for the sale of meat, groceries, etc., for revenue purposes. Plaintiff brought an action to enj9in the ordinance. Held, the ordinance was invalid and injunction should be granted. Great Atlantic & Pacific Tea Co. v. Board of Commissioners of Camden, (N. J. Eq. 1939) 4 A. (2d) 16.

Go to article

Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson Apr 1939

Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson

Michigan Law Review

Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto. Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.

Go to article

Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Fred C. Newman Feb 1939

Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Fred C. Newman

Michigan Law Review

P, a general grocery store, brought an action to have a certain ordinance declared unconstitutional and to enjoin the enforcement of the ordinance. The ordinance provided that stores which sold or distributed "any uncured or uncooked meats or other foods of any kind intended for human consumption" should be open for business only between the hours of duty established for the municipal meat and food inspection department. Bona fide hotels, boarding houses, lodging houses, restaurants, drug stores, confectionery stores, dispensers of beverages, distributors of milk and cream, ice cream and soda fountains were expressly excepted from the operation of …

Go to article

Sales - Nature Of Implied Warranty Of Fitness Of Food - Liability Of Intermediate Dealer, Michigan Law Review Jan 1939

Sales - Nature Of Implied Warranty Of Fitness Of Food - Liability Of Intermediate Dealer, Michigan Law Review

Michigan Law Review

Plaintiff's husband purchased canned sauerkraut juice from a retail grocer, who, in turn, had purchased it from the defendant, a wholesale grocery company. The kraut juice, which had not been packed or canned by the defendant, contained deleterious substances that made the plaintiff ill. In an action for damages, the plaintiff recovered on the basis of an implied warranty of fitness for human consumption. Defendant appealed. Held, judgment sustained. Swengel v. F. & E. Wholesale Grocery Co., 147 Kan. 555, 77 P. (2d) 930 (1938).

Go to article