Adams v. American Agricultural Chemical Co.

Citations

• 78 Fla. 362
• 82 So. 850

Syllabus

<p>L Ordinarily if a trial court makes a correct ruling, but iassigns an incorrect reason therefor, the appellate court, being concerned with the result and not with the reason, will not reverse the ruling; likewise if a cause can be fully disposed of without adjudicating constitutional questions raised therein, the courts will generally ignore such questions land dispose of the case on other grounds; but where a trial court, in disregard of the latter rule, sustains a demurrer and enters final judgment on constitutional grounds, not passing upon other questions raised therein, an appellate court will be confined to a consideration of questions passed upon by the triial court and will not determine questions raised by the demurrer upon which the trial court did not pass.</p> <p>2. -The statutes with reference to amendment of judicial pleadings and proceedings were designed to enable a pleader to state a cause of action, if he has one, and courts should aim to dispose of causes upon their merits and not by the mianipulation of legal principles.</p> <p>3. Section 1272 General Statutes of Florida gives to “any person purchasing any fertilizer or fertilizing material from any manufacturer or vendor, who shall * * * discover tlisat he has been defrauded by reason of adulteration or deficiencies of constituent elements, * * * in the fertilizing material so purchased”- a right of actibn against the manufacturer or vendor, and the right thereby given is n'ot limited to those who discover such fraud “upon ian analysis by the State Chemist.”</p> <p>á. Section 1271 General Statutes of Florida provides a method by which the user of fertilizer, if he be a citizen of this State, may determine whether his fertilizer measures up to the guaranteed analysis, and allows him to use the certificate of the State Chemist as prima facie evidence in any suit brought under Section 1272, but such certificate while competent is by no means exclusive evidence as to the real analysis, the State