LEGAL RELATIONS OF THE NURSERYMEN, ETC. 445 



you cannot fill the order as given, the only safe thing to do is to 

 notify the customer and ask him for orders as to the substitution. 

 If without such orders you ship a substituted article, it is a mere 

 offer to the customer to take the plants shipped instead of those 

 ordered, which he is at liberty to reject at his pleasure, and if you 

 cannot carry out the contract as made, or decline to do so, he may 

 rescind or hold you for damages. He is not bound to take what 

 he did not order but must act promptly in rejecting as soon as he 

 becomes informed of the substitution. 



I do not know that I can add anything further which will be 

 of direct interest to your body» and I can only say that the questions 

 applying to each particular case are so ramified and interwoven 

 with other questions and legal principles that you can never rely 

 upon any such book of legal lore as "Every Man His Own Law- 

 ver" but must use common sense and honesty, tempered with good 

 judgment and discretion and. perhaps, a little sound legal advice. 



HORTICULTURE IN THE FARMERS' INSTITUTE. 



REMARKS BY FRANK YAHNKE, WINONA. 



You have no idea how hungry the average farmer is for infor- 

 mation along the line of horticulture. Almost all of them are in- 

 terested. You ought to hear the questions they ask, and you ought 

 to see how spellbound they are when we give them this solid in- 

 struction in horticulture. They want to know it, and they want to 

 know it all. We sound the praises of this society in every insti- 

 tute meeting. We tell them what the horticultural society has done 

 for the state, how they work, how self-denying the people are. 

 how they are sacrificing time and money to spread this gospel of 

 horticulture. Let us go on with the good work — but I never need 

 to ask you people to go on with the good work, because you are do- 

 ing it all the time. The people want fhis information almost every- 

 where I go — where they do not need it or do not want it they will 

 tell you so, but they need it everywhere, and this is true not only 

 of fhe people on the farm, but the people in the cities want this in- 

 formation. Almost everybody is interested in horticulture. This is a 

 natural feeling. Fruit was first created for mankind for food, they 

 have inherited that desire for fruit, and nature craves it, and they 

 want all the information they can obtain regarding the growing of 

 it where they are so situated that they can grow it. Therefore I 

 say this horticultural society is an ornament to the state, it is not 

 ornamental alone, but it is ornamental in its usefulness. Let us 

 keep on with the good work, and let us spread the information the 

 people want and need! It is not theory they want, it is the facts. 

 Just fo show you how practical the people feel about these matters — 



