Buxton v. Hamblen

Wells, J., orally.—The sale of pressed hay unbranded, is a violation of the statute, and equally so, whether to be visited by a forfeiture of the article or by a pecuniary penalty. The statute though not in express terms, yet by unavoidable inference, prohibits every such sale. This is a suit brought to recover against the defendant for not completing a sale, prohibited by law. Such a suit can never be maintained. Nonsuit confirmed.