Phillips v. Meade

Citations

• 75 Ill. 334

Syllabus

<p>1. Butter and cheese manufactories — statute relating to, construed. The act of March 9, 1869, entitled “ An act to protect batter and cheesemanufactories,” in providing a penalty for supplying, or bringing to be manufactured, milk diluted with water, etc., was not intended to apply to a person engaged in making butter and cheese on his own account, but to such factories as are conducted upon a joint or co-operative plan.</p> <p>2. The words supply to be manufactured or bring to be manufactured, as used in the act, cannot be construed to mean a sale ; neither would a sale necessarily imply that the article was brought or supplied to be manufactured.</p> <p>3. In a suit by the sole owner of a butter and cheese factory who was operat. ing the same for his own use and benefit, against one who had sold him milk, to recover the penalty given by the act, on the ground that the seller had skimmed the milk before delivery, it was held, that the plaintiff was not entitled to recover even if the seller had skimmed the milk. If the seller had violated his contract, he was liable to the purchaser in an ordinary action for the damages he had occasioned.</p>