THE MINNESOTA 



HORTICULTURIST. 



VOL. 36. DECEMBER, 1906. No. 12 



THE LEGAL RELATIONS OF THE NURSERYMAN, HIS 

 AGENT AND THE CUSTOMER. 



W. M. BABCOCK, MINNEAPOLIS. 



The subject assigned to me is so large that I can only touch 

 Upon a few points within the time allowed me. It involves the whole 

 law of "sales," on which large text books have been written, the 

 laws of agency, warranty and breach of contract and damages for 

 the same. You will thus see that I can only make a few categori- 

 cal statements of general principles, but for the law applying to 

 any particular case I must refer you to your own lawyer. 



The legal relation of the nurseryman to his agent is that of 

 any principal to his agent ; the rights and liabilities are the same, 

 the duties of both are the same, the power of the agent to bind his 

 principal is the same. 



The legal relation of the nurseryman to his customer is in 

 general the same as that of any manufacturer or merchant selling 

 goods to a customer. There is no material difference between them 

 except such as is involved in the kind of wares sold, grown or 

 manufactured by each. -^' 



The agent is bound at his peril to carry out the express orders 

 of his principal and is responsible to him for failure to do so. As 

 between them he has no right to warrant the goods sold or make 

 representation as to their kind, quality or the condition of the plants 

 sold beyond the express or implied authority conferred upon him. 

 In the absence of orders to the contrary he is authorized to warrant 

 the plants sold as good, marketable stock, fit for the purpose for 

 which they are sold unless he is selling stock then in presence of 

 the customer, for the nurseryman is presumed to sell good, market- 

 able stock only unless the customer picks out his own plants; then 

 if asked any question he must tell the truth. 



The principal is not bound by any opinions expressed by the 

 agent as differentiated from a warranty; nor has the customer, on 



