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114
Samples Nos. 7, 8, 9 & 10 relate to milk supplied by a
Contractor to the Park Fever Hospital and were taken in course
of delivery.
The proceedings before the Court in these particular
cases were interesting. After the service of Summonses upon
the Vendors, notice was given to the Inspector that they relied
upon a warranty for their defence. As a rule such defence is
successful. In this case, however, a new point was raised. The
Metropolitan Asylums Board in their contract specified that the
milk delivered by the vendors was to be of a particular standard,
as laid down by the Board in their contract. The Magistrate
decided that the usual warranty of "new milk" was not a
warranty to supply milk of the standard the vendors had contracted
to supply, and consequently the warranty possessed by
the vendors could not be allowed. The vendors were fined on
all four summonses.
Sample 91. In this case a sample was taken in course of
delivery at Forest Hill Station at the request of the consignee
who had previously received a caution relative to a sample containing
3.6 per cent. of added water.
Samples 135, 136 and 137 were obtained in course of
delivery at the Park Hospital, and were supplied by the
defendant in cases numbered 7, 8, 9 and 10, previously referred
to. The fines were increased owing to the previous conviction.
Sample No. 42. In this case notice of warranty was
given and substantiated in Court. In the absence of instructions