Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1901-07-03
The ACREAGE IS LARGE AGAIN.
Tobacco Is Practically all In the Field and Doing
Nicely.

Inquiry among farmers IL to the effect
that nearly or quite all the tobacco land
prepared for that purpose has received
its portion of plants and conditions are
favorable to rapid growth Cut worms
have been hothereone and many farmers
compelled 10 10 over their fields q second
time, some even more thau that The
plants have been fae this season and but
for this,a and the greet quanti.ie+ ofthem,
many would nave been unable 20 set
tleir full acreage Farmers sold and
borrowed plants from each other We
believe the acreage will average larger
than last season by perhaps twenty per
cent.
4 town os Kickapoo writer in the
Readstown Herald SAYS; Everybody
talks Of quitting raising tobacco here
aft, = this wear gGic;s. buyers are more
white in their dealings, as corn ii hogs
go away ahead of tobacco now, and
are a good deal less work.
In commenting on recent legislation
in our local circuit court. the Edgerton
Tobacco Reporter says: The litigation
following the receiving of last seasons
crop promises to yield some construction
of law by the courts that viii prove val.
liable information in governing future
actions Of both growers and buyers of
tobacco. The case of Richard Ellacott
va Charles r. Tallard, Just tried before
a jury in the circuit court at Vir5qua
Vernon county. is of great interest both
to the tobacco dealer aud the farmer
The facts of the case are: In November
last, Tallard bought crop OF tobacco
from Ellacott At the time Of purchase
about one-third Of the crop had been re-
moved from TIE poles and partially
stripped. Ellacott signed the contract
usually used by the dealers in Wiscon-
sin, which provided that all damaged
tobacco was to be excluded and the crop
delivered in good packing condition, In
March 1901, Tallard notified Tallaco6t to
deliver the tobacco at ViroI IA. Ellacott
delivered on the day he was notified to.
Tallard's agent, after having examined
several bundles, told Ellacott that he
could not receive the tobacco as it con-
tanned damaged tobacco consisting of
shea burn, pole rot, stem rot and wet
tooacco, but that he would accept the
tobacco if he could throw off twenty five
per cent to cover the damage, Ellacott
refused to deliver the same and stand
for any dockage. He then stored the
tObACCO III Wdltit OuHc anu
subsequently sold the same for two cents
a pound and commenced action against
Tallard for the differs nee between what
he sold the same for 1.-TWO cents) and the
contract price. which was seven cents
straight He claimed that Tallard had
purchased the whole crop at that price
after he (Tallard) had examined the crop
part in the shed and part in the shipping
house. That at that time the crop was
damaged and Tallard commented on the
fact and said he would buy and pay for
the crop in its damaged condition.
Ellacott further claimed that the signing
of the contract by which he agreed to de.
| liver the crop with all damage excluded,
was a mistake on his part and a fraud on
the part of Tallard After the plaintiff
had introduced all of his testimony the
presiding Judge granted a motion for 8
non-suit, basing his decision that the
contract was binding on the farmer and
capable of judicial construction and that
there was no fraud or mistake proven
by the plaintiff. and that there was nc
fact for the Jury TO decide This case is
of great importance to the tobacco trade
as il shows to the farmer that when they
sign written contract that the court.
of Wisconsin will hold them to its terms
and conditions.