Purity Extract & Tonic Co. v. Holmes-Hartsfield Co.

1. Suit was brought by Purity Extract & Tonic Company against Holmes-Hartsfield Company on an unitemized account. Defendant filed a plea to which plaintiff orally demurred on the ground that it set up no valid defense and was insufficient in law. The plea alleged that plaintiff contracted to sell defendant an article called “special,” and that plaintiff knew that the same was being bought for resale “outside of Moultrie and in Colquitt county,” and represented and guaranteed that the sale of said “special” was not prohibited by the laws of Georgia, and the same was not a substitute for “near…