Hamlin v. Rogers, Worsham & Co.

Hall, Justice.

This was a suit on a note given for the price of fertilizers sold by the plaintiffs to the defendant; and besides the statutory warranty that the fertilizer comes up to the chemical analysis branded on the sacks, the note contained a stipulation that the seller should not be responsible for practical results, or for the effect off the fertilizer upon crops. To this suit the defendant pleaded that the. articles sold did not contain the elements and ingredients indicated by the analysis, and that the sacks in which it was packed, although branded, were not tagged. On the trial,…