Miller v. Germain Seed & Plant Co.

SEAWELL, J.,

Dissenting.—I dissent. The indisputable facts of this case are that defendant is a corporation, doing a general, seed and plant business throughout southern California, with its principal place of business at Los Angeles, this state. Plaintiff was engaged in raising for sale in the market of San Diego and vicinity a variety of celery known as the Golden Yellow. Eight acres of his eighteen-acre holding situate at Chula Vista, San Diego County, were devoted to this use. He had been a grower of celery for something like forty years.

On March 16, 1920, through the United States mail,…