Kleckley v. Leyden

Bleckley, Justice.

1. The demurrer to the plea admitted the facts alleged in the latter to be true. By fair intendment, one of these facts was that the fertilizer was not in fact branded or marked. The inspector’s brand was the restricted guaranty, or the sign or emblem of it, which the contract contemplated, and if there was no brand, there was no delivery of the restricted guaranty. The consequence would be that the parties would be remitted to the general warranty implied by law. 61 Ga., 392.

Moreover, it is to be observed that at the date of this contract it was a penal offense to sell a…