THE NATIONAL NURSERYMAN 
69 
Stark 
Bro’s Nurseries 
Announcement 
to the Trade 
Regarding their Legal Rights to the 
-Gold en Delicious Apple 
T HE Following Copies of Letters Were Sent Out by Registered Mail To All 
Members of the Trade So That It Would Constitute Legal Notice of the 
Existence of This Contract. This Additional Notice is Being Printed in 
the Trade Papers. 
STARK BRO’S 
Nurseries and Orchards Co. 
Louisiana, Mo., 
Dec. 22, 1920. 
Gentlemen: 
A duplicate copy of this letter is 
being sent by registered mail to 
every nurseryman in the United 
States and Canada so we will have 
a definite and complete record that 
every nurseryman has received this 
notification. We are taking this 
action in justice to other nursery¬ 
men so that they will be fully 
aware of the fact that every Golden 
Delicious apple tree that has been 
or will be sent out is fully and 
legally protected and also protected 
by a special contract signed by 
every purchaser of Golden De¬ 
licious, which protects our rights 
in regard to all Golden Delicious 
trees and all scions, buds, cuttings, 
etc., therefrom. 
This notification will protect you 
from innocently interfering with 
our rights by attempting to secure 
any propagating wood of this var¬ 
iety, which is fully protected as 
above stated. 
Should you in the future introduce 
any new fruit on this basis we will 
appreciate you notifying us of the 
existence of any contract with 
which we might unknowingly at¬ 
tempt to interfere. 
Very truly, 
(Signed) E. W. STARK, 
President. 
J. W. MATSON C. E. COWHERD 
MATSON & COWHERD 
ATTORNEYS-AT-LAW 
LOUISIANA - MISSOURI 
Louisiana, Mo. 
December 21, 1920. 
Stark Bro’s N. & O. Co., 
Louisiana, Missouri. 
Gentlemen: 
IN RE PROTECTION OF YOUR EXCLUSIVE RIGHTS TO THE 
GOLDEN DELICIOUS APPLE TREE 
You recently sold a large number of Golden Delicious Apple Trees to an 
orchardist. Shortly thereafter some one dug up and stole some of those 
trees. You have in your employ the Pinkerton Detective Agency, and you 
caused their detectives to be placed on that case, and they soon thereafter 
discovered those trees in the possession of another nurseryman. Under 
your instructions, suit was instituted in the courts for the recovery of those 
trees and depositions of a large number of experts, who knew the peculiar 
markings of the Golden Delicious Apple Tree were taken. Judgment was 
rendered in favor of the owner of the trees and the defendant in the suit 
paid the costs. As yet there has been no Criminal Action taken against 
whoever took the trees. 
Under your contract, under and by virtue of which the Golden Delicious 
Apple Trees are sold, every Purchaser Signs a Contract agreeing: 
“Not to give away or sell or permit anyone else to take scions, buds, or 
cuttings from the Golden Delicious trees herein mentioned or their pro¬ 
geny for a period of 25 years.” 
This gives you control of all Golden Delicious trees and all propagating 
wood therefrom. That Contract is enforcible and you can successfully pro¬ 
ceed against anyone who infringes upon your rights or violates that con¬ 
tract. In order to give every possible notice of your rights to that apple 
tree, we advise you to send to all Nurserymen the above quotation from your 
Contract under and by virtue of which the Golden Delicious Apple Trees are 
sold, so they will have full notice of the same and in the event anyone vio¬ 
lates it, you can take Legal Action against them. All honest Orchardists 
and Nurserymen will aid you in protecting your rights to that apple tree. 
Of course, you will reciprocate in the event any other nurseryman produces 
fruit they wish protected in the same manner by Contract whenever they 
give you notice of same. 
Yours truly, 
MATSON & COWHERD, 
Attys. for Stark Bro’s N. & O. Co. 
STARK BRO’S 
Nurseries and Orchards Co. 
AT LOUISIANA, MO., Ever Since 1816 
ion the National Nurseryman. 
>nen writing to Advertisers please me 
