142 



Residence of ndlers and place of minnfactitre of goods are immaterial 

 when delivery made in this State. — Merriman v. Knox, 99 Ala. 93; 

 Brown v. Aduir, 104 Ala. 652. 



Tays muKt he attached at the time of the sale; if previously attached, 

 and lost before the sale, others must be supplied, else the sale is void. 

 Clark's Cove Cuano Co. v. Dowling, 85 Ala., 142; Kirby v. Huntsville 

 F. & M. Co.,:i05 Ala.,529. 



Action on commercial paper given for the price of fertilizers sold with- 

 out compliance with statutonj requirements cannot be maintained, even 

 by a bona fide purchaser before maturity. — Hanover Nat. Bank v. 

 Johnson, 90 Ala. 549. 



When want of license jAeaded, burden of proof on plaintiff. — Edisto 

 Phosphate Co. v. Sanford, J 12 Ala. 493. 



387. Including tag tax in price of fertilizer vitiates sale. — Whenever 

 any manufacturer, merchant or other person selling fertilizers shall, 

 directly or i.idirectly, include such tag tax in the price of the fertil- 

 izer sold, such sale is void. 



388. Contracts for sale of fertilizers at fictitious prices; only real mar- 

 ket value recoverable. — In contracts for the sale of fertilizers in v^-hich 

 an excessive or fictitious price is put upon such fertilizers with the 

 stipulation that if such fertilizers are paid for on or before a certain 

 date ihey may be paid for in a smaller sum than such excessive or 

 fictitious price, or in cotton or other produce at an excessive or fic- 

 titious price, the difference between the excessive or fictitious price 

 charged for the fertilizers and their real market value shall be held 

 a penalty ; and in all suits to enforce such contracts only the real 

 market value of such fertilizers, with the interest thereon, shall be 

 recovered. 



38. Parol evidence competent. — Parol evidence is competent to show 

 such market price, the situation of the parties and the considei-ation 

 of such contracts, as in cases of usury, notwithstanding any writing 

 in the premises. 



390. (42). Fertilizers to he submitted to commission. — Before offer- 

 ing a fertilizer for sale or exchange, the person proposing to sell or 

 exchange must submit to a commissioner a written or printed state- 

 ment, setting forth — 



1. The name and brand under which such feri,ilizer is to be sold 

 or exchanged, the number of pounds conta ned in the bag, barrel or 

 package, in which it is to be put upon the market, the name or names 

 of the manufacturers, and the place of manufacturing. 



(222) 



