A SINGULAR CASE.

Southern Cross, Volume 1, Issue 12, 17 June 1893, Page 9

A SINGULAR CASE.

A most pecular case has quite recently been decided in the English Courts. The auction was first heard before Hawkins, J., and then (in December 6th and 7th, 1892) carried to the Court of Appeal, and the judgment in the latter Court was given by Lindley, Bowen, and Smith, L.L.J. It is of pecular interest to advertisers, and throws a new light upon the liability of patent medicine vendors whose goods are not up to the quality claimed by the manufacturer. The defendants, who were the proprietors and vendors of a medical preparation called “The Carbolic Smoke Ball,” inserted in the Pall Mall Gazette of November 13,1891, the following advertisement: “£IOO reward, will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, cold, or any disease caused by taking cold," after having used the ball three times daily for two weeks, according to the printed directions supplied with each ball. . . . Address: Carbolic Smoke Ball Company, 27 Princes street, Hanover Square, London.” The plaintiff, a lady, on the faith of this advertisement,, bought one of the balls at a chemist’s, and used it as directed, three times a day, from November 20, 1891, to January 17, 1892, when she was attacked by influenza. Held that the above established a contract, and that the plaintiff was entitled to recover the £IOO.