§ 390. Substitution of spurious oils for internal combustion engines.\nIt shall be unlawful for any person, firm or corporation to fill with a\nspurious or substitute article any order for a lubricating oil for an\ninternal combustion engine, if such oil ordered is designated by a\ntrademark or distinctive trade name, unless and until it is explained to\nthe person giving the order that the article offered is not the article\nthat he has ordered, and the purchaser shall thereupon elect to take the\nsubstitute article that is being offered to him. Any person violating\nthis section, and any person, firm or corporation whose servant, agent\nor other employee violates this section in the course of his employment,\nshall forfeit to the manufacturer whose product was ordered, or to the\nproprietor of the trademark or trade name by which the article ordered\nwas designated by the purchaser, as the case may be, one hundred\ndollars, for each such offense, to be recovered by suit by the person,\nfirm or corporation claiming the penalty, against the person, firm or\ncorporation from whom the penalty is claimed. Nothing in this section\nshall lessen, impeach, or avoid any remedy at law or in equity which the\nparty aggrieved might have had if this section had not been enacted, and\nnothing herein contained shall prevent or avoid or defeat any\nprosecution under any of the existing penal, trademark or other statutes\nof this state.\n
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