21 Ga. App. 431 | Ga. Ct. App. | 1917
(After stating the foregoing facts.) The deduction conceded by the defendant in error and allowed by the court covered the penalties and shortage as allowed by the act of 1911 (Ga. L. 1911, p. 172, § 2), for the differences between the guaranteed commercial value and the actual commercial value as found by analysis, on both fertilizers, and also on the “Excelsior Top Dresser” (the four tons), the 25 per cent, penalty and shortage for false branding under section 3 of that act. This deduction from the purchase-price was in accord with the decision in Arlington Oil & Guano Co. v. Swann, 13 Ga. App. 562 (79 S. E. 476). The act of 1911 (supra) allows to the purchaser twenty-five per cent, of the purchase-price as damages, plus the shortage, when the difference between the actual commercial value and the guaranteed commercial value, by reason of the deficiency in any ingredient, is more than three per cent. Section 3 of this act allows to a purchaser damages in a sum of twenty-five per cent, of the purchase-price, plus shortage, for false branding; and by section 4, ten per cent, below the guaranteed analysis constitutes a false branding. The plaintiff in error insists
“Sec. 3. Be it further enacted by the authority aforesaid, That any manufacturer, manipulator,-dealer, or vendor of commercial fertilizers in this State, who publishes by branding dr by attaching a tag or tags upon the sacks or packages of fertilizer a false or incorrect analysis of the components and ingredients thereof, shall be liable in law to any and every purchaser of such falsely and incorrectly branded or tagged fertilizer in a sum of twenty-five per cent, of the purchase-price, plus the shortage of such commercial fertilizer.
“See. 4. A deficiency of more than ten per cent, below the guaranteed analysis of the fertilizers as published and branded or tagged on the sacks or packages thereof shall be held and declared by the courts of this State to constitute a false and incorrect publishing, branding, or tagging within the intent, purpose, and meaning of this Act.”
Thus, section 3 provides a penalty on any manufacturer, etc., who publishes by branding or attaching a tag or tags upon the sacks or packages a false or incorrect analysis of the components and ingredients thereof. Section 4 says that a deficiency of more than ten per cent, below the guaranteed analysis shall be held a false branding. The question is whether the language of section 4, as to “a deficiency of more than ten per cent, below the guaranteed analysis,” has reference to each component or ingredient, or
We do not think, however, the law means to impose, under section 3, two penalties, though the analysis may show a deficiency of ten per cent, in each of two components, or a deficiency of ten per cent, in one component and also in the commercial value. The penalty is for the act of publishing the false analysis. The analysis may be false as to one component or as to several components, but only one penalty is recoverable for the act of publishing the analysis. That, we think, is the correct interpretation of the act. Applying these rulings to the instant ease, a fur-.
Judgment affirmed, on condition.