Iowa Law Bulletin, volume 5

Cover Iowa Law Bulletin, volume 5
Iowa Law Bulletin, volume 5
State University of Iowa. College of Law
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If the vendor was in no sense of the word a dealer, the mere fact of the sale would not indi- cate a reliance upon his skill and judgment. If he was a dealer in foodstuffis and the selection was left to him, there can be no doubt that an implied warranty of wholesomeness would be raised by sub- section one,^^^ at least if the article purchased did not come under the head of canned goods. The argument of the cases^^^ that held that no warranty was implied in the sale of canned goods by a dealer ...who was not the manufacturer, would seem to apply with the same force whether the Sales Act was adopted or not, which can also be said of the reasoning of the decisions which have refused to make such an exception.2*o This leaves only the situation in which the buyer makes his own selection. It is intimated in a Massachusetts case^^^ that this court will follow its rule, announced before the adoption of the Act that if the buyer makes his own selection no warranty of wholesomeness will be implied.

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