This Agreement 
MADE IN DUPLICATE 
by and between 
Pieters-Wheeler Seed Company 
a corporation, of Gilroy, California 
hereinafter called the Seller, 
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 provided. 
2. Seller agrees to plant, or cause to be planted, 
during the season of 1942 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 quan- 
tities of the seeds herein contracted for; and the 
seller agrees to deliver as soon as possible after 
harvested, such seeds in good merchantable condi- 
tion as herein defined, F. O. B. growing station, 
containers extra at cost, and not returnable. The 
terms “‘in good merchantable condition” is defined 
as seeds properly cleaned for seeding jpurposes, 
approximately free from foreign seeds distinguish- 
able by their appearance 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 destruction of seller’s seed stocks before plant- 
ing, or to the products of such plantings, or to 
any seed through fire, accident, or other casuality 
beyond seller’s control, 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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