§ 390. Substitution of spurious oils for internal combustion engines.
It shall be unlawful for any person, firm or corporation to fill with a
spurious or substitute article any order for a lubricating oil for an
internal combustion engine, if such oil ordered is designated by a
trademark or distinctive trade name, unless and until it is explained to
the person giving the order that the article offered is not the article
that he has ordered, and the purchaser shall thereupon elect to take the
substitute article that is being offered to him. Any person violating
this section, and any person, firm or corporation whose servant, agent
or other employee violates this section in the course of his employment,
shall forfeit to the manufacturer whose product was ordered, or to the
proprietor of the trademark or trade name by which the article ordered
was designated by the purchaser, as the case may be, one hundred
dollars, for each such offense, to be recovered by suit by the person,
firm or corporation claiming the penalty, against the person, firm or
corporation from whom the penalty is claimed. Nothing in this section
shall lessen, impeach, or avoid any remedy at law or in equity which the
party aggrieved might have had if this section had not been enacted, and
nothing herein contained shall prevent or avoid or defeat any
prosecution under any of the existing penal, trademark or other statutes
of this state.