Middlebury register. (Middlebury, Vt.) 1886-1937, 1916-01-28
WILLIAM H. SHELDON
LIABILITY FOR POOR SEED.

An article in a recent issue Of the
Rural New Yorker asserts that Iowa
courts are holding the liability of seed
growers for damages when seed proves
Of inferior quality, What such repu-
table paper says is worthy of attention
at least. Here is the article;
"The following report from local
paper in the State of Iowa is of interest
to farmers everywhere:
"A case that will be of interest to
the farmers of Hardin County was de-
cided by Judge Mccall in district court
in Story County last week when he held
that when seed sold by an individual or
company does not come up to the quail
ity or is not of the variety represented
by the sellers, the purchaser may re-
cover damages in the amount of the diff
ference between the value of the crop
raised and the value of the crop that
would have been raised had the seed
been as represented.
The case was that of Seward Nelson
VS.. L. P. Gunson G. Company of New
York. Early in this year men canvassed
Story County selling seed oats repre-
sented to be variety known as the
Mammoth Cluster, which grew to a
great height and were supposed to yield
all the way from 100 to $50 bushels to
the acre. The seed was sold in 10
bushel lots at $3.50 per bushel Many
farmers of Story County bought some
When the crop grew it showed that a
large per cent. of the seed was of the
ordinary small variety, much of it had
smut mixed in it, and the grade was not
as represented as to the yield.
"A bunch of farmers of Story County
turned the matter over to Attorney Lee
of Ames, and he brought action against
the company in nine counts, asking
damages in the sum of 500 in each, as
well as the amount paid for the seed
The case was tried before Judge Mccall
at Nevada, and he held in favor of the
plaintiffs and issued judgment in the
sum of Sl240 against the company.
Many of the purchasers in Story
County had bought small amount of
seed, sowing it on their best ground
with an idea of raising a quantity of the
oats which they would be able to dis
pose of for seed at fancy price. AS a
result they grew bunch of mixed and
smutty oats, which were inferior to the
ordinary variety grown in that locality.
While the judgment is issued, it is
understood that the concern is eXecu-
tion-proof and there is little chance of
recovering on the judgment. A number
of the farmers who did not pay cash for
their seed, but gave notes due upon the
harvesting of their crop, have refused
to pay the notes and other litigation will
probably follow. "
1.-The Rural New Yorker has persist
emily and consistently exposed the meth
DDS of the Gunsons, there are two seed
concerns bearing the name in Rochester,
N, Y, for good many years back.
The Iowa case is fair sample of COM
plants from our subscribers in the East
ern States. The Gunson plan is to send
out smooth-tongued agents who tell
PlauoiDle Slollco dUouI Tie WOIlueIlul
new varieties and enormous crops
their seeds will produce And they have
a new lot of these wonderful varieties
each year. They invariably turn out to
be some old variety with a new name or
some very inferior seed, as the Iowa
farmers found to their sorrow. The
beginning of the new year is good
time to make a firm resolution to have
absolutely nothing to do with this class
of seed and nursery agents. Those who
get into trouble through listening to
their CUFF cannot say that the Rural
New Yorker failed to warn them"