78 Ga. 631 | Ga. | 1887
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, proof was offered to show that it failed to .benefit the defendant’s crops, although the crops were properly cultivated, the soil on which they were planted suitable and the seasons propitious. This was offered as evidence to establish the absence of the elements' and ingredients indicated by the analysis and brand; one of the plaintiffs who testified in the case having sworn, in rebuttal and on his cross-examination, that if the fertilizer was as represented by the analysis on the sacks, it “would have benefited the crops, with good seasons.” There being no other testimony as to these facts, the evidence thus offered, on objection of plaintiffs’ counsel, was rejected, and exception was taken by defendant to its rejection. The trial resulted in a verdict for the plaintiffs, and the defendant made a motion for a new trial on various grounds, which was overruled. To the judgment overruling this motion, he prosecuted his writ of error to this court, and that makes the questions
There is evidently nothing in the first and second grounds of the motion. The verdict was imperatively demanded by the evidence, which harmonized in everything, except as to the few sacks which the defendant testified were not
Judgment affirmed.