74 
GROWTH  OF  CELLS  IN  PLANTS. 
tion  was  properly  left  to  the  jury.  But,  I  think  it  did  not.  The 
defendant,  by  affixing  the  label  to  the  jar,  represented  its  contents 
to  be  dandelion.,  and  to  have  been  "  prepared"  by  his  agent,  Gil- 
bert. The  word  "  prepared"  on  the  label  must  be  understood  to 
mean  that  the  article  was  manufactured  by  him,  or  that  it  had 
passed  through  some  process  under  his  hand,  which  would  give 
him  personal  knowledge  of  its  true  name  and  quality.  Whether 
Foord  was  justified  in  selling  the  article  upon  the  faith  of  the  de- 
fendant's label,  would  have  been  an  open  question  in  an  action  of 
the  plaintiff's  against  him  ;  and  I  wish  to  be  understood  as  giving 
no  opinion  on  that  point.  But  it  seems  to  me  to  be  clear,  that  the 
defendant  cannot  in  this  case  set  up  as  a  defence  that  Foord  sold 
the  contents  of  the  jar  as  and  for  what  the  defendant  represented 
it  to  be.  The  label  conveyed  the  idea  distinctly  to  Foord  that  the 
contents  of  the  jar  was  the  extract  of  dandelion,  and  that  the  de- 
fendant knew  it  to  be  such.  So  far  as  the  defendant  is  concerned, 
Foord  was  under  no  obligation  to  test  the  truth  of  the  representa- 
tion. The  charge  of  the  Judge  in  submitting  to  the  jury  the  ques- 
tion in  relation  to  the  negligence  of  Foord  and  Aspinwall,  cannot 
be  complained  of  by  the  defendant. 
Judgment  Affirmed.  H.  R.  Seldin,  State  Reporter" 
The  original  verdict  against  Winchester  was  $800,  the  cost  of  appeal, 
&c,  swelled  the  amount  to  near  $1400,  which  was  paid  by  Winchester. 
GROWTH  OF  CELLS  IN  PLANTS. 
The  whole  process  which  is  called  growth  in  plants  consists,  in 
its  essential  elements,  of  a  continuous  propagation  of  cells,  called 
secondary  or  daughter  cells,  whence  the  number  of  cells  become 
multiplied  beyond  credibility.  From  an  approximate  calculation, 
for  example,  in  a  rapidly  growing  fungus,  the  Bovista  gigantea, 
20,000  new  cells  are  formed  every  minute. 
