. Florists' review [microform]. Floriculture. Aug. Lagarde LIVE WIRE Again-Buy Your French Bulbs-Now FROM Lagarde & Vandervoort OLLIOULES, FRANCE Permanent American Address: P. O. Hamilton Grang^e Station Box 38 NEW YORK CITY Our representative will be cttlling on you. J. A. Vandervoort a statement of some percentage of germination. The law does not say 'some percentage'; it says 'approximate percentage,' and the word ':ipproximate' as used in the statute means ' very nearly.' We, therefore, are of the opinion that the label which states a percentage of one per cent or ten per cent of germ
. Florists' review [microform]. Floriculture. Aug. Lagarde LIVE WIRE Again-Buy Your French Bulbs-Now FROM Lagarde & Vandervoort OLLIOULES, FRANCE Permanent American Address: P. O. Hamilton Grang^e Station Box 38 NEW YORK CITY Our representative will be cttlling on you. J. A. Vandervoort a statement of some percentage of germination. The law does not say 'some percentage'; it says 'approximate percentage,' and the word ':ipproximate' as used in the statute means ' very nearly.' We, therefore, are of the opinion that the label which states a percentage of one per cent or ten per cent of germination is not according to the requirement of the statute, for the reason that the percentage is so low as to show U](()n its face that it is not a true approximation. In this situation counsel for appellee argue that the buyer of truck and garden seed can in no way be injured, but must be bene- fited if he receives seeds of a higher percentage of germination than indi- cated by the stamp or label. This argu- ment, however, assumes that appellee or any dealer in truck and garden seeds may place upon tlie tag or label any percentage of germination as long as the percentage does not in fact exceed the actual percenlage of germination of the truck and garden seeds offered for sale. Oklahoma Court's Viewpoint. "This is not our understanding of the law. . The legislature of the state of Oklahoma in the exercise of the police power of the state was of the opinion that a regulation, requir- ing the approximate i»ercentnge of germination to be stated, whether that approximation was above or below the actual percentage, would i)revent fraud and imposition upon the buyer. The legislature was not making the law for the appellee alone, but for all persons who might engage in the seed business; and, while the seeds of appellee have gained a reinitation tlirough a i)eriod of upwards of sixty years that causes them to be purchased regardless of label, this might not be so of other deal
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Keywords: ., bookcentury1900, bookdecad, booksubjectfloriculture, bookyear1912
