Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-01-26
Gamers DISCUSS
new Contract FORM
Then Refer Subject TO Com
mittee After Being
Unable to Agree
COVER CONDITIONS
WHEN CROP Is SHORT

Before adjourning yesterday after
noon the annual convention of the
Tri-State Gamers Association had a
lengthy discussion over the form Of
contracts between the growers and
packers. Mr.. TOrsch Of the Torsch
Packing Company, OF Baltimore read
the report of Q committee that con-
sidered the subject.
The chief features suggested were
in the form of two clauses one on par
tial delivery Of goods CONT acted for
and another to cover non-delivery be-
cause of casualties.
The non-delivery clause suggested
by the committee provided that in
case OF partial failure of crops the
seller agrees to deliver not less than
IS per cent of the quantity and TO pay
TO the buyer per cent. Of the con-
tract price on every contract sale
above the 75 percentage, not deliver
ed" The casualty clause provided
that the seller was not liable for de-
lay or non delivery Of goods, II caused
by FIRE, strikes or casualties beyond
the sellers immediate control.
No sooner had Chairman Torsch
read the committees report, and sug-
gested its adoption in principle, eN-
planning that it referred in the main
TO corn and tomatoes. than opposi-
iion developed W. B. Messenger, oi
fredericksburg, Md, thought that the
clause opened the way to the Gamer
to cancel 25 per cent. of contract az
anv time on payment of a per cent
nenaltv and he thought it most I'M
wise for the association to go on rec
ord as favoring such a contract
Harry L. Cannon of Bridgeville
said he thought that the packers
should be protected by just such
clause while w O. HOffecker, OF
SMYRNA. sided with Mr.. Messenger
In his opinion jobbers could say thai
Is per cent. was a full delivery anc
throw back on the packers % pei
cent of the contract on a falling mar
ket. He argued that the cdntrac
should be such a one as every packer
could stand by and believed the pro
rata contract the better one. Then
If a packer should prove unscrupu
lous. the buyer would soon find hin
out and cease to deal with him.
Don't oversell your futures" wal
his warning. Keep them within ;
moderate amount of what you eXpec
TO pack"
Chairman Torsch did not thinl
there was danger of jobbers takinl
such an attitude and asked F. r
Owens. Of Denton. Md. a lawye
member Of the association. what hi
opinion was. Mr. Hoffecker aske
who was to be the judge as to whethe
the crop had failed --
Mr.. Owens said he thought tn
form as suggested would cause a vas
deal OF litigation, especially on the lin
suggested in Mr.. Hoffecker's though
as to who should determine the fai
ure of the crop.
william Silver. OF Aberdeen. Md
suggested the use of contract whic
he said he knew to have been in SUI
cessful use for four or five days i
rhis locality. embOdying much tn
same general ideas as the commit
tees form, but I'm different languag
and with a 10 per cent. penalty o
the undelivered % per cent. OF tn
contract.
The discussion led to a reference {
the whole matter back to the commit
tee. to which we're added Mr. Ho
fecker and Mr.. Owens, with instrul
tions to report TO the executive con
mittee.