Stevens v. Independent Fertilizer Co.

Citations

• 73 Fla. 1050
• 75 So. 539

Syllabus

<p>1. It is incumbent upon the plaintiff in an action brought under Sections 1271 and 1272, General Statutes of 1906, to appropriately state all the facts that are essential to a recovery.</p> <p>2. Sections 1271 and 1272, General Statutes of 1906, giving a special right of action to persons who purchase fertilizers and are defrauded by reason of adulterations or deficiencies in the constituent elements of the fertilizer, clearly contemplate that the test of the fertilizer by the analysis provided for shall .be made with at least some -degree of promptness after the delivery of the fertilizer and that more than one sample shall be taken when the quantity of fertilizer purchased makes it expedient to have plural samples to secure a fair test.</p> <p>*3. While the manufacturers and vendors of fertilizers should be held to a compliance with the obligations imposed upon them by law, they have a right to demand that a cause of action be stated in due course of law against them before they are required to take issue on the facts.</p>