Collins v. Plant

Citations

• 68 Fla. 338
• 67 So. 80

Syllabus

<p>1. A plea to an action for fertilizers is bad if based upon a statute penalizing unlabelled fertilizers by seizure, and not making the failure to label defensive matter.</p> <p>2. Courts will not be held in error for refusing a right of action not pleaded.</p> <p>3. An analysis by the State Chemist may be made prima facie evidence, of the ingredients of a bag of fertilizer, even though the legislation fail to provide that samples be taken from various parts of the bag, the identity of the sample being safeguarded.</p> <p>4. Evidence as to the analysis of unsold fertilizer may be refused upon an issue as to the analysis of fertilizer that was sold.</p>