﻿25 
  

  

  have 
  are 
  based 
  upon 
  the 
  records 
  of 
  a 
  few 
  pet 
  trees 
  around 
  the 
  

   dooryard 
  or 
  garden, 
  grown 
  under 
  favorable 
  conditions. 
  Second, 
  

   the 
  young 
  groves 
  are 
  not 
  yet 
  old 
  enough 
  for 
  anyone 
  to 
  say, 
  with 
  

   any 
  degree 
  of 
  accuracy, 
  what 
  the 
  results 
  will 
  be. 
  Therefore, 
  the 
  

   alluring 
  figures 
  printed 
  in 
  these 
  pamphlets 
  are 
  only 
  guesses. 
  

  

  Furthermore, 
  what 
  of 
  the 
  contract 
  of 
  these 
  concerns 
  ? 
  What 
  

   does 
  it 
  specify 
  ? 
  You 
  would 
  be 
  surprised 
  to 
  know 
  the 
  legal 
  con- 
  

   struction 
  of 
  one 
  of 
  these 
  contracts, 
  together 
  with 
  their 
  guaranty 
  

   bond. 
  In 
  most 
  cases 
  they 
  advertise 
  to 
  plant, 
  and 
  properly 
  culti- 
  

   vate 
  for 
  a 
  period 
  of 
  five 
  to 
  seven 
  years, 
  orchards 
  of 
  the 
  finest 
  

   varieties 
  of 
  budded 
  or 
  grafted 
  pecan 
  trees, 
  with 
  satsuma 
  oranges 
  

   or 
  figs 
  set 
  between. 
  But 
  the 
  guaranty 
  company 
  is 
  usually 
  wise 
  

   enough 
  to 
  have 
  lawyers 
  who 
  are 
  able 
  to 
  advise 
  them 
  of 
  their 
  

   liabilities, 
  and 
  about 
  all 
  they 
  actually 
  guarantee 
  is 
  that, 
  after 
  

   a 
  period 
  of 
  five 
  years, 
  provided 
  all 
  payments 
  have 
  been 
  promptly 
  

   met, 
  there 
  will 
  be 
  turned 
  over 
  to 
  the 
  purchaser 
  five 
  acres 
  of 
  ground 
  

   with 
  trees 
  upon 
  it. 
  Five 
  years 
  old 
  ? 
  No, 
  they 
  may 
  not 
  be 
  one 
  

   year 
  old. 
  Budded 
  or 
  grafted 
  ? 
  No, 
  they 
  may 
  be 
  mere 
  seedlings. 
  

   Oranges 
  set 
  between 
  them 
  ? 
  No, 
  the 
  orange 
  has 
  passed 
  out 
  of 
  

   the 
  proposition 
  before 
  the 
  bond 
  stage. 
  The 
  companies 
  generally 
  

   print 
  a 
  copy 
  of 
  the 
  bond, 
  but 
  usually 
  in 
  such 
  small 
  type 
  that 
  the 
  

   victim 
  does 
  not 
  read 
  it, 
  though 
  the 
  heading 
  is 
  always 
  prominent. 
  

   It 
  thunders 
  in 
  the 
  index 
  and 
  fizzles 
  in 
  the 
  context. 
  

  

  Moreover, 
  suppose 
  suit 
  is 
  brought 
  on 
  one 
  of 
  these 
  contracts 
  

   and 
  bonds 
  ? 
  What 
  is 
  the 
  measure 
  of 
  damages 
  ? 
  What 
  basis 
  

   has 
  any 
  court 
  or 
  jury 
  for 
  fixing 
  damages 
  ? 
  And 
  be 
  it 
  remem- 
  

   bered 
  that 
  courts 
  do 
  not 
  exist 
  for 
  the 
  protection 
  of 
  fools 
  against 
  

   their 
  folly. 
  The 
  principle 
  "caveat 
  empter" 
  is 
  as 
  old 
  as 
  the 
  com- 
  

   mon 
  law 
  itself, 
  and 
  it 
  means 
  that 
  the 
  buyer 
  must 
  beware, 
  or 
  

   in 
  other 
  words, 
  that 
  he 
  should 
  inform 
  himself, 
  and 
  that 
  he 
  can- 
  

   not 
  expect 
  the 
  courts 
  to 
  protect 
  him 
  where 
  he 
  has 
  failed 
  to 
  exer- 
  

   cise 
  due 
  caution 
  and 
  diligence. 
  Therefore, 
  as 
  a 
  lawyer, 
  I 
  should 
  

   very 
  much 
  hesitate 
  to 
  take 
  on 
  a 
  contingent 
  fee 
  the 
  suit 
  of 
  one 
  

   of 
  these 
  various 
  victims 
  against 
  a 
  promoting 
  orchard 
  corporation. 
  

  

  However, 
  in 
  any 
  jurisdiction 
  where 
  there 
  is 
  a 
  criminal 
  statute 
  

   against 
  fraudulent 
  representation 
  and 
  obtaining 
  money 
  under 
  

   false 
  pretenses, 
  I 
  should 
  not 
  hesitate, 
  if 
  I 
  were 
  the 
  prosecuting 
  

   attorney, 
  to 
  indict 
  every 
  member 
  of 
  such 
  a 
  corporation, 
  and, 
  to 
  

   sustain 
  the 
  case, 
  I 
  would 
  simply 
  present 
  to 
  a 
  jury 
  of 
  honest 
  men 
  

   the 
  representations 
  in 
  their 
  advertising 
  literature, 
  and 
  then 
  have 
  

   the 
  court 
  instruct 
  the 
  same 
  jury 
  as 
  to 
  the 
  validity 
  and 
  limita- 
  

   tions 
  of 
  their 
  contract. 
  Their 
  advertising 
  is 
  brilliant 
  enough 
  to 
  

  

  