630 
The RURAL NEW-YORKER 
April 29, 1922 
PUBLISHER’S DESK 
All letters to Publisher’s Desk depart¬ 
ment must be signed with writer’s full 
name and address given. Many inquiries 
are answered by mail instead of printing 
inquiry and answer, hence unsigned let¬ 
ters receive no consideration. 
A few evenings ago, as I came from 
the barn, a vei'y pleasant-spoken young 
man met me and inroduced himself as 
coming from The R. N.-Y. This young 
man informed me that my subscription 
expired this month and requested my re¬ 
newal. I told him that I certainly would 
renew, hut that there was no use in fool¬ 
ing a year at a time. I would send 
in my check for five years and take the 
opportunity of writing you direct to tell 
my appreciation of your paper and its 
policies. I have five children, three boys 
and two girls, and I hope to leave as a 
legacy to them $100, to be invested and 
reinvested, the proceeds thereof to be 
spent for subscription to The R- N.-Y. 
I sincerely hope that The R. N.-Y. may 
never be owned or managed by those who 
will change its present policies. 
Pennsylvania, R. S. DUNLAP. 
This letter is so unusual we print it iu 
full, not in any spirit of vanity, but with 
a frank admission of pride that, while 
our friends make allowances for human 
shortcomings, they appreciate an honest 
service to the interests of the We 
would feel sorry for the management of 
a paper that did not acknowledge pride 
in the expression of such confidence, or 
fail to receive inspiration from it for bet¬ 
ter things to come. 
I would like you to advise me with ref¬ 
erence to a difference I have had arising 
from the purchase of three registered 
Pen-heron fillies from Smith Bros, of New 
Carlisle. O. I saw their advertisement 
in a Western agricultural journal; wrote 
them and got references from the County 
Agent in their locality, from a bank in 
the town, and from others, k rom the 
references I felt fissured of ffiir trefl-tment, 
and ordered the three animals, stating 
that I did not want them unless they 
were guaranteed sound and gave good 
prospects of developing into* suitable ani¬ 
mals for both work and breeding purposes. 
The animals were shipped to me under 
a guarantee of soundness, and were stated 
to offer good prospects for the purposes 
for which I intended to use them; were 
received by me and paid for. Apparently 
they were as represented, and I wrote the 
seller that I was very mueh pleased with 
them, and that they were what I wanted. 
About three weeks after the arrival of the 
animals, one of them showed a rupture, 
and as we had no knowledge of any injury 
to her. my veterinary, after a very care¬ 
ful examination, decided that the con¬ 
ditions showed that the animal was weak 
in the region of her umbilicus from pre¬ 
vious trouble of a similar nature, and 
that the rapture was caused by this weak¬ 
ness. He stated that she therefore could 
not be considered sound when sold, and 
that there were grave doubts as to 
whether she would be able to do hard 
work or be successful as a brood mare. 
The veterinary advised an operation, and 
when the field was shaved, discovered 
marks of a previous operation. The seller 
denied all knowledge of any previous ail¬ 
ment of the animal or injury to her at 
first, but after marks of the previous oper¬ 
ation were discovered, admitted that the 
animal had been previously operated upon 
for a rupture as a colt. 
I made several propositions with refer¬ 
ence to a settlement, mainly before I was 
in possession of all the facts in the case, 
but they were not accepted. I finally sold 
the animal at public auction, and figure 
my loss to be in the neighborhood of $-25. 
i therefore told the seller that I would 
withdraw all previous offers to settle with 
him, and asked that he pay me in full 
for all damages. He sent me a check 
which his letter stated was in full settle¬ 
ment. but the check contained no mention 
of this, and I used the check, hut at the 
same time wrote him that the amount 
was insufficient to cover my loss, and that 
I would expect an additional payment 
from him, lie has refused to make any 
additional payment, and I would like to 
have your opinion as to just what I am 
entitled to. and what would be the best 
plan to follow in securing an additional 
payment if you feel that I am entitled to 
the same. R. w. J. 
New York. 
We have corresponded with Smith Bros, 
regarding the transaction, and the above 
facts are not disputed. It is the con¬ 
tention of Smith Bros, that they did not 
know the filly had been raptured at the 
time of sale, and explain the matter in 
this way: “We leased out a pair of 
mares, one being the dam of this filly. 
The party who leased the mares discov¬ 
ered this colt had a rupture, had a veter¬ 
inary perform an operation, and did not 
mention the fact, thinking he might he 
considered to blame.” Accepting this 
explanation as removing any knowledge 
of the rupture by Smith Bros, at the time 
of sale, still it. does not relieve the firm 
of full responsibility to the purchaser, 
who bought, the filly without seeing her. 
Smith Bros, volunteered to give the 
name of the farmer who had the opera¬ 
tion made and the name of the veteri¬ 
narian who performed the operation, but 
when asked to make good this offer re¬ 
fused to answer the letters. The order 
specified that the animals must bo 
“sound.” Could this filly he considered 
“sound" in view of the fact that, an oper¬ 
ation had been previously performed for 
the rupture, which developed again after 
delivery? It seems to us that, the seller 
should pay reasonable damages. 
Early last Fall, while I was living on 
a farm, an agent, called on me and repre¬ 
sented himself as H. M. Whiting of the 
Whiting Nursery Co. of Geneva, N. Y. I 
had a small piece of land which I wanted 
set out in trees, so I ordered several dif¬ 
ferent varieties, which amounted to $80. 
He gave me a duplicate copy of my order, 
and on the reverse side of it it said: 
“Orders cannot be cancelled.” Several 
weeks later conditions forced me to give 
up farming, and I moved to a small place 
iu Lyons, N. Y. Having no place here to 
plant the trees, I at once wrote to them, 
telling them of my circumstances, and 
asked them to cancel my order. I re¬ 
ceived no reply back from them, so I took 
it for granted that they cancelled the 
order. Today, while I was at work at 
my neighbor’s a man came to me and said 
he had brought the trees that I ordered, 
and wanted to know where he should put 
them. I told him that I could not use 
the trees, and that I wrote in several 
months ago to have the order cancelled 
on that account. He then told me that 
if I could not use the trees myself, I 
should sell them or give him a settlement 
of some kind, which I told him I could 
not do. He then left, and when I came 
home this evening I found that he had 
left the trees on my barn floor. Can they 
collect the money from me? I have no 
place whatever to put them. If they can¬ 
not c-ollec-t the amount and the trees spoil 
in the barn, can they collect the damages? 
New York. C. o. j. 
The attitude of II. M. Whiting in the 
ahove transaction is typical of nursery 
houses selling by the agency system. If 
the order had been placed with any nur¬ 
sery house we know selling direct to 
farmers, there would be no question about 
accepting the cancellation. Whether the 
price of the trees can be collected can 
only he determined by the court after 
hearing all the evidence: but, as a matter 
of equity and common sense, we can 
scarcely imagine a jury rendering a ver¬ 
dict against the farmer under the circum¬ 
stances. 
I am writing to you in regard to two 
shipments of eggs sent to Mitehel R. 
Safren of 207 Greenwich Street, New 
York. We first sent two cases, and his 
check came promptly, and then we sent 
six more cases. Yesterday we received 
word that the first check had been pro¬ 
tested, and we have received no returns 
from the second shipment. Safren gave 
Irving National Bank, Aetna Offices, and 
all commercial agencies as references. 
This is probably a swindle game, but if 
you would give us any assistance in the 
matter of collecting we would be very 
grateful. I am enclosing the express re¬ 
ceipts for both shipments. C. L. D. 
Pennsylvania. 
We have a number of claims against 
the ahove party. Mr. Safren had a little 
space with another produce house, but 
upon sending a representative to the ad¬ 
dress we found he had been dispossessed 
for non-payment of rent and his present 
whereabouts unknown. Once more the 
folly of shipping produce to unknown 
dealers is demonstrated. Egg shippers 
seem more reckless in the matter of their 
shipments than other producers. 
In New Jersey promoters have been 
selling membership certificates in an al¬ 
leged co-operative association at $10 
each. Where the money did not. come 
easy as low as $2.50 was accepted, but 
the Agricultural Department, of the State 
was unable, to find the alleged associa¬ 
tion. and warning has been issued for. 
the benefit of farmers and the confusion 
of the promoters and their agents. There 
is nothing particularly new in this ex¬ 
perience, except perhaps in the trans¬ 
parency of the scheme. It is less dan¬ 
gerous than many other promotion 
schemes launched in the name of co-opera¬ 
tion, There is no such thing as co¬ 
operation by promoters. Co-operation 
in agriculture exists only in the minds 
and purposes and disposition of farmers. 
No promoters ever did or ever will create 
a plau of pure co-operation. They in¬ 
variably scheme for themselves. To bene¬ 
fit from co-operation farmers must create 
the plan and supervise it for themselves. 
for 
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1 
fss 
—— 
== 
==- 
II 
“ A a-. 
KITSELMAN FENCE 
PRICES AGAIN REOUCED. We ray 
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Catalog of Farm, Poultry and Lawn Fence 
When you write advertisers mention 
The Rural New - Yorker and you ’ll get 
a quick reply and a “square deal," See 
guarantee editorial page. : t t 
Prices Lower 
MorePi 
WITTE Engines have big Surplus 
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1899 Empire Bldg., Pittsburgh, Pa. 
