Evening Republican, Volume 20, Number 249, Rensselaer, Jasper County, 17 October 1916 — Misnamed Fruit Trees [ARTICLE]

Misnamed Fruit Trees

We have recently had a number of inquiries as to what redress may be had when fruit trees prove to be untrue to name. This is one of the nust discouraging features of the orchard business but happily, when trees are purchased from reliable nurserymen, It is much less likely to happen than formerly. We do not ckvim to be an authority on legal matters and if we were we could give little advice without knowing all the facts in the case. As a rule, however, nurserymen protect themselves by a clause in their order blank t or .contract which absolves them from any liability for damages beyond the replacing of trees proving untrue to ‘‘name. This amounts to almost nothing compared with the loss which n.ay result to the orchardist when the varieties are not true to name and are inferior to the ones ordered or are Tess’ well adapted to the soil or locality. K There has recently been handed down by the Appellate Division of the Supreme Court of New York State a decision in which the plaintiff has keen awarded damages supposedly equivalent to the difference between the value,of the trees as they now stand and wh .t would have been their value had they been of the varieties ordered —in this case about-s7o9r We understand that there was no clause In the contract limiting the liability of the nurserymen to the purchase price of the trees.