The Punta Gorda herald. [volume] (Punta Gorda, Fla.) 1893-1958, 1916-09-28
DECISION OF
FAR REACH
ING Effect
Rendered by United States Court
in Palatka Land Com
pany Case
INVOLVES STATEMENTS
MADE IN ADVERTISING
Is Held that All Representations
Must be Made Good-Has Gen.
eral Application and Brings
Up Other Questions

Up Other Questions
A decision of far reaching effect
has been rendered by the United
States court in the Palatka land
company's case that has been in
court since some time last year
The history of the case as related
by the newspapers is that the COM
pany was prosecuted by one of its
purchasers for certain misrepre-
sentations in its advertising mat
ter. The company delivered to
each purchaser the full equivalent
of the money he had paid, and the
lower court exonerated the compa-
ny, holding that was all that could
be reasonably expected in the sale
of lands or anything else. But
the dissatisfied purchasers of the
land carried the case to the Unit
ed States court, where the deci-
sion of the state court was revers-
ed. The upper court held that it
was not enough to deliver a full
equivalent in value for the money
paid by a purchaser, but the man
selling an article which had been
advertised in the public print, and
thus attracted the attention of the
people to it, must make good all
the statements made in said adj
vertisements and literature.
The decision is very broad in i
and covers all kinds
of transactions where there is bar
gaining and sales made on the ba-
sis of advertising. Therefore it
will behoove all who are pushing
of any kind through adj
vertising to be very exact as to
the statements made regarding
the thing offered.
Florida people have felt for
some time that something should
be done to protect the good name
Of the state and the stranger who
comes to invest his money here
against fraudulent land deals, but
it has been such difficult matter
to get at the land shark without
lnjuring the legitimate deal
er that little effort has so far been
made. 1t is generally taken for
granted that the person who buys
land without first seing it needs
a guardian, and no one feels call
ed upon to volunteer for the ap-
pointment Hence the honest
dealer and the people at large
have suffered for the sins Of the
sharks.
We must now face the effects of
his far-reaching decision of the
court, The question arises: If
he Arcadia Commercial Club, in
It's forthcoming booklet, should
make certain representations as
to what can be done on an acre
If DeSoto county Soil-basing
such statements upon the actual
experiences of others-and the
'eal estate dealers sell their lands
IN the strength of this advertising
will the dealer or the club be held |
accountable in the courts if any
of lands fails to make |
good? The court has held that |
he advertiser "must make good |
I'll the statements made in his lit
,rature and advertisements. "
Who is going to see that the pur-
,haser tried to make good on the |
and and that the methods he used !
we're such as to produce success
'ul results?
Florida has within it's borders
he most valuable agricultural
ands in the world. 1t also has
,ome of the most worthless lands
n the world. The trouble all a
ong has been to restrain fraudu-
ent dealing in the latter class
hampering developments
n the class of land first mention
ID. 1t seems that this could be
lone in some manner. Perhaps it
you'd be wise to have the depart
nent of agriculture specify just
what kinds of lands in this state
ire unsuitable for agriculture
purposes and then place a heavy
penalty upon the men who sell