Mercer v Pyramid Sand and Gravel Co (1945) 109 JP 54 – S 2(2)(c) MMA 1887.
1) proof that D had “otherwise … acted innocently”, within s 2(2) MMA, required proof of no intention to do the forbidden act; to sell the goods bearing the trade description.
- insufficient for D to prove no reason to suspect the genuineness of the trade description or no intention to infringe the statute.
2) cannot raise point of law on appeal not enunciated in case stated.
undefined: unpaid