The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-11-04
The GuanO LowS...Tmportant.

It this term of the court no more interest
ing case was tried than that of McCaslan &
Bradley against David w. Dowtin. The cause
Of action was q promissory note, given to
plaintiff by defendant for four tons of Edisto
guano. At the time Of the sale Mr.. McCaslan,
one Of the plaintiffs, induced the defendant
to buy the guano by guaranteeing it to be the
best in the market, and that if it was not the
best he need not pay for it. Under these rep
reservations Dowtin bought the guano, and
made a test of it in this way, on the same
quality of land. Under some row of cotton
he put Mastadon guano, under other rows he
put Edisto guano, and under still other rows
he put no guano at all. The benefits OF the
Edisto fell below that of the Mastadon, and
there was very little difference between the
rows that had Edisto guano, and those that
had no guano.
McCaslan T. Bradley sued on the note, and
Dowtin defended the claim, alleging failure
of consideration, as the guano sold was not as
good as represented at the time of the sale.
He also made the further defense that the
note was void, because the bag which con-
tanned the guano did not have printed on IT
the information as required by law, in the fol-
lowing section Of the General Statutes:
SEC. 596. Every bag, barrel, or other package of such
fertilizers or commercial manures rs above designated,
offered for sale or delivered after sale in this State,
shall have thereon n plainly printed label or stamp,
which shall truly set forth the name, location, and
trade mark Of the manufacturer, also the Chemical
composition Of the contents Of such package. and the
real percentage of any of the following ingredients rs.
serted to be present, to wit: Soluble and prccipitated
phosphoric acid, soluble potassa, ammonia or its equiv
alcnt in nitrogen, together with the date of its anay-
sis, and that the privilege tax has been paid and any
such fertilizer as shall be ascertained by analysis not
to contain the ingredients and percentage set forth rs
above provided shall be liable to sc cure and condcnl
nation. and when condemned shall be sold by the
Board of Agriculture for the exclusive Use aud benefit
OF the Department Of Agriculture. Any merchant,
trader, manufacturer, agent, or person, who shall sell
or offer for sale or deliver after sale or receive any
commercial fertilizer without having such labels an.
stamps rs heinbefore provided attached thereto. shall
be liable to q fine of ten dollars for each separate bag
or barrel or package sold or offered for sale, to be sued
for before any Trial Justice. recovered by due process
of law at the suit of the State. The amount so recov-
| cred, after paying costs. shall be equally divided be-
tween the informer and the Department.
The Supreme Court has construed this Sec
ton in the case of Mcconnell against kitch-
ems, and held that any guano note or contract
would be utterly void and of no effect, unless
the bags or packages contained these five req
%Gisites.
The Judge charged the jury to that effect.
The jury found for the defendant after ar
gument by Mcssrs. Benet d Smith for defend
ant, and Messrs. Parker & MCGOWAN tor plain
tiff.