Southern Cotton Oil Co. v. Raines

1. The court did not err in overruling the defendant’s demurrer to the petition, or in striking, on motion of the plaintiff, paragraph 7 of the answer. Both the demurrer and the answer attacked the constitutionality of the act of the General Assembly regulating sale of commercial fertilizers, approved August 22, 1911 (Ga. L. 1911, p. 172, §§ 2, 3, 4), the contention being that said sections “are unconstitutional and void if they can be so construed as to permit plaintiff to recover under his allegations, or if plaintiff is entitled to recover under any lawful rules promulgated by the…