Stokes v. . Department of Agriculture

Citations

• 11 S.E. 476
• 106 N.C. 439

Syllabus

<p>Sale of Fertilizers — Purchase Out of State for Sole Use of Purchaser — Non-Liability to Seizure.</p> <p>t. The Oocle, §2190, prohibits the sale or offering for sale in this State of fertilizers until the manufacturer or person importing the same shall obtain a license; it does not prohibit the use of them in this State, or the purchase of them in another State to be used for fertilizing purposes by the purchaser himself in this State.</p> <p>2. Where S., acting for himself and others, resident farmers of this State, ordered from a non-resident manufacturer a number of bags of fertilizer, a given number being ordered for each pui chaser, and the same were shipped in separate parcels addressed ro the different purchasers, respectively, and separate bills sent to each purchaser, and S., in ordering, acted without compensation, and as an act of courtesy to the other purchasers: Held, that the transaction did not come within the inhibition of section 2190 of The Code, and the goods were not liable to seizure at the instance cf the Department of Agriculture.</p>