Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1908-12-02
QUITE A novEhENrIN ronAcco
Damp Weather Caused Good Bunch Of
Weed to be Removed From Poles.

For two days last week damp weather
permitted a considerable quantity of
hanging tobacco to come into case. and
as result there was quite movement
in taking the article from its hanging
position, where IL had rested so long.
and not few farmers and growers did
stripping and placed at least portions
of their crops in the bundle. Contiuu.
Gus warm weather will necessitate a
close watch and care to prevent heat
ing with that party of their holdings
thus removed from the poles and placed
in bundle. Dealers appear to be of one
opinion that it was better TO permit the
late case period to pass without taking
down tobacco, and especially because of
the warm wave that has followed.
Speaking in general terms of the late
casing period the Edgerton Tobacco To-
porter comments: Under such condi-
tons it is believed that growers en-
braced the opportunity to take down q
large portion of the hanging crop in
this state. Stripping will now proceed
and in a week or ten days dealers will
be asked to commence receiving. Ware
house handling, therefore. will be able
to start early in December, giving nearly
month before the holidays. One or
two firms we know of are ready to COM
mence the seasons packing as soon as
deliveries can be made. The starting
of the warehouse season means the
revival of business at the packing points
and labor that finds employment in to-
bacco handling gladly welcomes the
change in program, all brought about
by casing weather"
"The supreme court has again con-
structed the law relating TO the de-
livery of tobacco that will interest
everyone engaged in the industry. The
case of Roy Grenwelt against Carl Roe
and l.. 0. Erickson, which was tried in
circuit for Dane county about q year
ago, where a verdict in favor of the
plaintiff was rendered, was reversed in
the supreme court, the decision being
handed down last Tuesday. The case
arose out of the refusal of Messrs. Roe
& Erickson to accept crop of tobacco
which they purchased at Orfordville
upon contract providing that the to-
bocco should be delivered in sound pack
ing condition, with all trash out and all
damaged tobacco excluded. The buy
ers refused to receive the crop be-
cause they claimed it did not comply
with the contract in several respects.
The trial court instructed the Jury that
the burdcn of proof was on the tobacco
Ouyer to - mat the tobacco when
rendered did not comply with the terms
of the contract. Action for a new
trial was made, based upon the in
structions, Messrs. Roe & Brickson's
attorneys insisting that the burden of
proof was on the plaintiff. not on de-
PENDANTS to show that the tobacco did
comply with the terms of the contract.
The motion for a new trial was ovet-
ruled and Roe Il Erickson appealed to
the supreme court which reserved the
ruling of the trial court and remanded
the case for new trial. The decision
of the supreme court lays down the
rule that when seller brings an action
upon an executory contract based upon
the refusal of the buyer to receive the
goods to be purchased, the burden is
on the farmer to show that he rendered
the kind of goods the contract called
for. +"