THE liability of seedsmen for losses that may occur from seeds sold that fail to germinate, or to produce such results as the purchaser had a right to expect, or had hoped to reap, is a subject of vital importance to the seedsman, and of no small importance to the purchaser. In all mercantile transactions, in fact in every instance of purchase and sale, it is expected that the article sold shall be as represented, and that the purchaser has a just claim for such damage or loss as he may sustain in case the goods are not as represented. In most instances, there is but little chance of mistake, as the goods show plainly what they are, and the purchaser pays but little attention to representations, he being his own judge.

He who buys seeds, plants or trees cannot use his own judgement in the matter, and must depend entirely upon the dealer, other than to express a choice as to variety. There is nothing in the external appearance of the seed or the tree that in any way indicates the production, consequently there is no alternative ; he must depend upon the dealer, and, in so doing he naturally feels himself entitled to the same warranty he would be compelled to give if he were selling a cow or a horse, and that the dealer would be just as responsible in case the seeds were not as represented. This is a very natural conclusion for those unacquainted with seed growing to reach, as they cannot see why the law of warranty should not apply to all alike ; it is, however, a conclusion that does the seedsman great injustice, and at times great injury.

No class of business men are more anxious about the goods they sell than the seedsmen. Upon the reliability of the seeds he sells rests his success or failure. The seedsman who has the confidence of the market gardener and florist is sure to succeed ; this confidence can only be secured by having the seeds he sells produce the results the buyer anticipates, from the descriptions given in the catalogues. This in a general way, is a difficult matter, as a large proportion of the growers are not sufficiently acquainted with the cultivation and requirements of the variety to produce the results that have been obtained by high and systematic cultivation. It must be understood that this applies to new varieties more particularly than to standard sorts, and new varieties are almost invariably the results of selection combined with high cultivation. It is no secret that the size and shape, as well as the yield of a given variety, is proportionate to the conditions of growth. Now, when a given potato is said to yield five hundred bushels to the acre, when a squash will weigh three hundred pounds, tomatoes give eight hundred bushels to the acre, all smooth and large, and egg-plants have fruits weighing from seven to ten pounds each, it should be understood that these are only capabilities, results that have been obtained, and can be again, under the same conditions.

The average purchaser of these wonderful varieties will not approximate these results.

It should go without saying, that many soils are not by nature adapted to the growth of many varieties, and will not under any circumstance yield the enormous crops that other soils will do without special effort. We have known the seedsman very unjustly blamed for this condition. Not long since our attention was called to a pea crop, by a market gardener, who complained that his peas were full of " runners." Upon inspection, we found that they were planted on a very poor soil, and had received about the same attention ; stable manure, quite fresh, had been used, and this put on very unevenly, in some places quite thick, in others none at all. The result was, where the plants had plenty of food, they grew tall and vigorous ; in other places they were dwarf and unproductive ; the tall ones he called " runners." It was with much difficulty that we convinced him that the tall growths were genuine and the dwarf ones were simply starved. The seedsman has such occurences constantly brought before him, and not unfrequently with a demand for damages.

From long experience and close observation, we are convinced that there is not one case in a hundred where complaint is made that the seedsman is in the least to blame for the failure of crops, or in any way responsible for the loss. Conditions of growth are varied, and it is upon these that success or failure, in a great measure, depends. The extremes of heat and moisture are prominent among the causes of failure.

We do not think there is a class other than seedsmen that has half so many obstacles to contend with, or one more willing to assume the responsibility of losses, that are justly attributable to them. Seed Grower.