This Agreement 
Made in Duplicate 
On . 
by and between 
Pieters-Wheeler Seed Co. 
a corporation, of Gilroy, California, 
hereinafter called the Seller, 
and . 
of ... 
hereinafter called the Purchaser. 
WITNESSETH: 
1. Seller agrees to sell and deliver and 
purchaser agrees to accept and pay for the 
varieties of seeds in the amounts, at the 
prices set forth in attached pages, and sub¬ 
ject to the terms and conditions herein pro¬ 
vided. 
2. Seller agrees to plant, or cause to be 
planted, during the season of 1936 an acre¬ 
age of land which will produce, under nor¬ 
mal conditions, an amount of seed of the 
varieties herein named which will be suffi¬ 
cient to enable the seller to deliver the 
quantities of the seeds herein contracted 
for; and the seller agrees to deliver as soon 
as possible after harvest, such seeds in good 
merchantable condition, as herein defined, 
F. 0. B. growing station, containers extra at 
cost, and not returnable. The terms “in 
good merchantable condition” is defined as 
seeds properly cleaned for seeding pur¬ 
poses, approximately free from foreign 
seeds distinguishable by their appearance 
and of a germination equal to the fair aver¬ 
age germination of the crop of the current 
year. 
3. In case of partial or total failure of 
any or all crops planted, or caused to be 
planted by the seller for the purpose of 
producing the varieties of seeds herein 
named, or, in case of damage to, or destruc¬ 
tion of the seller’s seed stocks before plant¬ 
ing, or to the products of such plantings, or 
to any seed through fire, accident or other 
casualty beyond seller’s control, the seller 
shall be obliged to deliver, if at all, propor¬ 
tional quantities only, and, in any event, the 
seller shall have the right to reserve an 
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