Steen

The plaintiff commenced an action against the defendant to recover damages alleged to have been caused by reason of the sale and delivery by the defendant to the plaintiff of a quantity of caramel coloring matter. The defendant answered and a trial was had before the trial court sitting with a jury. The jury brought in a verdict in favor of the plaintiff on which judgment was entered and from that judgment the defendant has appealed. The appellant makes one point and that is that plaintiff’s recovery may be justified only by reason of an implied or expressed warranty of the caramel color.

Mr. Steen personally made the purchase. He testified that in April or May, 1922, one of the solicitors of the defendant called on him a number of times. He did not remember the name of the solicitor. He stated that Mr. Fish, who was also a solicitor of the defendant, called on him once. Mr. Steen, referring to the solicitor first mentioned, testified that “he spoke about sugar coloring being just as good or perhaps better than any and could furnish it for less money than we were paying, and said, ‘Why not patronize home industry?’ . . . The salesman said that the coloring matter was all right,…