A suit has been commenced in one of the State courts against a prominent nurseryman, for $2000 damages. Plaintiff alleges that in 1879 he purchased 300 cherry trees from defendant, which were warranted "Early Purple Guigne," an early and choice variety, but that after several years careful culture he has discovered that they are not the kind represented, but some unknown and worthless variety.

The whole issue turns on the question whether the seller did "warrant" the trees true to name, or whether they were taken in the regular way of the nursery trade, which is understood to be that "every reasonable precaution has been taken to have the articles true to name".