New YorK AGRICULTURAL EXPERIMENT STATION. IQl 
express guaranty, the evidence was conflicting; but there was pos- 
itive evidence that it had been represented to be “ good alfalfa 
seed.” In charging the jury the Judge stated that there is such a 
thing as an implied guaranty; also, if seed is sold as alfalfa seed 
there is an implied guaranty that it 1s alfalfa seed and in case it 
proves to be wholly or in large proportion some other kind of seed 
the seller may be held lable for damages. No mention was made 
of the so-called “ non-warranty clause” and it appears not to have 
figured in the case. None of the seed bought from the Peck Hard- 
ware Co. was in evidence as all of it had been sown. Proof of the 
existence of yellow trefoil in the Peck seed rested chiefly upon the 
testimony of several witnesses that the portion of the field sown 
with the Peck seed showed yellow blossoms the same as the five 
acres which was sown with the other seed shown by analysis to 
contain 44.4 per ct. yellow trefoil. As tothe percentage of trefoil 
plants in the field, the testimony of different witnesses varied 
greatly. One said it was only 9g per ct. while others placed it at 
50 to go per ct. Several witnesses testified to the frequent oc- 
currence of trefoil along the highways in the vicinity of the Depew 
farm and the defense endeavored to show that the trefoil in the 
Depew field may have come from seed already in the soil® or from 
wild plants in the vicinity. Two witnesses testified to instances in 
which alfalfa fields showing much trefoil in the second season after 
seeding were practically free from trefoil in the third season. The 
defense claimed that the plowing of the field was unwarranted by 
the circumstances. The presence of growing dodder in the field 
was proven and counsel for the plaintiff pointed out that this was 
an additional reason for plowing up the field. 
The jury rendered a verdict for the plaintiff in the sum of 
$377.42 with costs. The case was then carried up to the Appellate 
Court where the plaintiff won again. Finally, it was taken to the 
Court of Appeals where it has not yet been passed upon at this 
writing (November 14, 1908). 
ANALYSES. 
For residents of New York, the Station makes purity tests of 
alfalfa and other seeds free of charge. Seed dealers should learn 
to recognize dodder and the other principal impurities and adulter- 
“This is unlikely since the land grew oats in 1902 and corn in 1903 and 
no manure was applied in 1904 the season in which the alfalfa was sown. 
