Thb 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 subject to the terms and conditions herein pro¬ 
vided. 
2. Seller agrees to plant, or cause to be planted, 
during the season of 1938 an acreage of land which 
will produce, under normal conditions, an amount 
of seed of the varieties herein named which will be 
sufficient 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. O. B. growing station, containers extra at 
cost, and not returnable. The terms “in good merch¬ 
antable condition" is defined as seeds properly 
cleaned for seeding purposes, approximately free 
from foreign seeds distinguishable by their appear¬ 
ance and of a germination equal to the fair average 
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 planting, or to 
the products of such plantings, or to any seed through 
fire, accident or other casualty beyond seller’s con¬ 
trol, the seller shall be obliged to deliver, if at all, 
proportional quantities only, and, in any event, the 
seller shall have the right to reserve an amount of 
seed equal to that used in said planting. 
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