48 
SEED TRADE BUYERS GUIDE 
for any seed which you do not consider sufficiently 
pure, clean and dry for Seedsman’s use and no 
credit is to be given for dirt, or for damaged or 
poor seed which has to be removed. In all cases, 
the screenings and culls are to remain the property 
of the party who separates them from the crop. 
If so requested in writing, you shall loan for my 
use free of charge, suitable bags for shipping the 
crop, or you shall allow me full wholesale market 
value for all new, sound, undefaced, seamless cot¬ 
ton grain bags which I may buy and you receive 
containing the crop. 
This letter, when accepted by you, shall con¬ 
stitute our contract, and be construed according 
to.laws. There are no agreements or 
understandings regarding the subject matter of this 
letter other than expressed above. 
Yours truly, 
Accepted at.this . day 
of.19... 
.Seed Co. 
By. 
In Thiel vs. Pac. Fruit & Produce Co., 
4 Pac. (2nd) 356, a seedsman was defeated 
because he had failed to incorporate in his 
contract a reservation of title such as is 
included in the Ferry form. See also Robin¬ 
son vs. Stricklin, 73 Nebr. 242. 
Loss in Shipment 
Question: Where peas are shipped under a 
“shippers order” hill of lading with draft at¬ 
tached, which party stands the risk of loss in 
course of shipment? 
ANSWER: The Buyer. “As soon as the 
peas arrived and were stored, the title, to the 
peas passed to the appellant buyer subject to 
the respondent seller’s right to hold the goods 
until payment of the agreed purchase price.’’ 
Inland Seed Co. vs. Washington-Idaho Seed 
Co., 294 Pac., 991. 
Notice of Defects 
Question: Can a buyer of warranted seed, 
in the face of knowledge that the seed is 
faulty, plant it and recover crop damage? 
ANSWER: No. In Tomita vs. Johnson 
(Idaho), 290 Pac. 395, it was shown that 
an experienced potato grower knew from 
cutting into the seed potatoes that they 
were diseased, and the Court held “under 
these facts he cannot recover crop dam¬ 
age resulting from planting the diseased 
seed in question." 
Plant Patents 
Question: What are the statutory limita¬ 
tions upon plant patents? 
ANSWER: The Patent Law in Sec. 4886 
provides that “any person who has invented 
or discovered any new and useful art, ma¬ 
chine * * * or who has invented or 
discovered and asexually reproduced any 
distinct and new variety of plant, other than 
a tuber-propagated plant, not known or used 
by others may, upon payment of the fees 
required by law * * * obtain a patent.” 
The limitation to asexual reproduction 
means that the plants of most importance 
economically are excluded. For example, 
our common cereals being reproduced by 
seed and not by cuttings cannot be pat¬ 
ented. The “tuber-propagated” wording is 
for the purpose of excluding potatoes. It 
should be noted that the wording of the 
statute requires that mechanical patents be 
“useful” but that this word does not appear 
in the phraseology relating to plant patents. 
Trade Mark; Variety Name 
Question: We have originated a new variety 
of sweet corn. Can we prevent competition 
by trade marking the name? 
ANSWER: No. The name which you give 
to your new variety will become in sub¬ 
stance a descriptive name and can be used 
as such by any person to describe seed from 
the same strain. The proper function of a 
trade mark is simply to identify the pro¬ 
ducer or origin of goods. In general a de¬ 
scriptive name is not available for regis¬ 
tration as a trade mark. See Hoyte vs. 
Lovett, 71 Federal 173. 178. 
1935 
PUBLICATION DATES 
325 
N ST. 
1935 
CLOSING FOUR DAYS PRIOR TO 
ISSUE SHOWN 
FORWARD COPY AT EARLIEST POS¬ 
SIBLE DATE. THIS WILL ENABLE US 
TO SUBMIT PROOFS FOR APPROVAL 
OR CHANGES 
COMPLETE COVERAGE 
More than 12,500,000 Buyers of Seeds, 
Plants, Bulbs, Nursery Stock, Agricultural 
& Horticultural Supplies are in Direct 
Sales Contact with Readers of 
SEED WORLD 
VOL 
37 
VOL. 
38 
JAN. 
4 
JULY 
5 
JAN. 
18 
JULY 
19 
FEB. 
1 
AUG. 
2 
FEB. 
15 
AUG. 
16 
AUG. 
30 
MAE. 
1 
MAE. 
15 
SEPT. 13 
MAE. 
29 
SEPT. 27 
APE. 
12 
OCT. 
11 
APE. 
26 
OCT. 
25 
MAY 
10 
NOY. 
8 
MAY 
24 
NOV. 
22 
JUNE 
7 
DEC. 
6 
JUNE 
21 
DEC. 
20 
Directory Section Index—Page 4 
