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Abstract

A Nebraska statute aimed at short weights in loaves of bread, forbade the manufacture or sale of loaves weighing either more or less than specified standard amounts. It applied only to quantities of 25 loaves or more and a "tolerance" of two ounces per pound was allowed in excess of the standard weights, to be measured by taking an average of the whole consignment. The prohibition of excess weights was explained by the Nebraska court as an attempt "to prevent a loaf of one standard from being increased in size until it can readily be sold for a larger standard". Held, the provision for maximum weights was not necessary for protection of purchasers or calculated to effectuate that purpose, and deprived bakers and bread-sellers of liberty without due process of law. Jay Burns Baking Co. v. Bryan, (U. S. 1924) Adv. Ops. p. 459.

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