Legal Opinion

Branch v. Blackshear Manufacturing Co.

Court of Appeals of Georgia

Decided January 12, 1934No. 22633; 22634Published

1Opinion of the CourtSutton, J.

1. Under the ruling in Blackshear Manufacturing Co. v. Perry, 178 Ga. 23 (172 S. E. 24), s. c. ante, 355, where sacks of fertilizers sold in this State are not tagged or branded as required by section 4 of the act of August 24, 1929 (Ga. L. 1929, p. 228), the sale is not void and a note given in payment of the purchase-price thereof is not void and unenforceable, but the purchaser is relegated to the penalty provided in section 9 of said act.

2. Section 2 of the above act of 1929 does not apply to manufacturers of fertilizer, where they have complied with section 1 of said act by registering…

2Cases cited5 opinions

  1. Lufburrow v. HendersonSupreme Court of Georgia · 1860
  2. Morgan v. Printup Bros. & PollardSupreme Court of Georgia · 1883
  3. Blackshear Manufacturing Co. v. PerrySupreme Court of Georgia · 1933
  4. Chastain v. BarwickCourt of Appeals of Georgia · 1917
  5. Thompson v. Cordele Motor-Car Co.Court of Appeals of Georgia · 1921

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