T. F. Adams v. American Agricultural Chemical Company

REAVES, Circuit Judge. -- The plaintiff in error instituted suit in the Circuit Court of Seminole County against the defendant, alleging that the defendant, being engaged in the business of handling and selling commercial fertilizers, sold to the plaintiff fertilizer bearing a stated guaranteed analysis, and that upon an analysis of said fertilizer made by the State Chemist pursuant to Section 1271 of the General Statutes of Florida it was discovered that the plaintiff had been defrauded by reason of deficiencies of constituent elements in said fertilizer, and the plaintiff claimed double the price of the fertilizer as his damages, as provided by Section 1272 of the General Statutes. The defendant demurred to the declaration upon numerous grounds, thirty-two in all, among them being: