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skatcon

wrong seed

skatcon
9 years ago

Has anyone had the experience of having been sent the wrong seed? And what possible recourse do you think I have?
I ordered sugar snap peas. Recieved a 5 pound bag labeled sugar snap peas. Planted 300 feet of them in my high tunnel (do you hear me weeping quietly?)
The peas were already spoken for. I'm known in the area for my early high quality sugar snaps. Two stores wanted all I could give them at $5 a pound bulk, and I sold great quantities at the two farmers markets I attend at $10 a pound packaged.
So as I have been patiently waiting for my peas to thicken up, I discovered that I have snow peas, not snap peas. No market here for snow peas. Weeping again.Has anyone had a similar thing happen?
Certainly I will get a refund for the seed, and I will never trust that company again. I have called and they said they would investigate and call me back.
A lesson to be learned. This company was cheaper, and it is sort of local so I thought I was doing good. Never thought anyone could screw up that bad.
Weeping in MN

Comments (7)

  • cole_robbie
    9 years ago

    There's a rule of contract law that says "damages must be foreseeable." That's why you're only going to be compensated for the price of the seeds. It would be too much of a burden on the seed company for them to be liable for all of your damages, or at least that is the reasoning behind the rule.

    I put a link below to the case that is taught at law school about this issue. A mill ordered a crankshaft that was late and delayed production. They wanted to be compensated for missed production, but the judge said no. The law professor joke is that the case is the only time someone ever sued for *not* getting the shaft.

    Here is a link that might be useful: Hadley v Baxendale

  • Mark
    9 years ago

    Damn, thats really unfortunate. All that time and energy thwarted by some bad labeling or a dumb screw up.

    I've been sent the wrong varieties and wrong sizes but never had a seed company mix up seed like that. It sounds like you're dealing with it the best you can as it's unlikely the seed company can/will offer you any recourse without a lawsuit.

    I suppose you now have the opportunity to explore the snow pea market....
    I hope you'll be able to sell more than you think. Good luck.

  • jrslick (North Central Kansas, Zone 5B)
    9 years ago

    That has happened to me once, not a high value crop, but I forgot to order Costa Romanesco squash. Saw a few packets at a store and picked them up. They were not that kind of squash.

    Have another example that is much worse. A rancher AI bred part of his cows to a bull called Grand Slam. Well the next spring the first calves were born and they were red not black. Well they pulled the unused semen straws. They said Grand Slam Gelvieh(a red breed). Not sure what happened, but the rancher now checks the labels much closer now.

    Hope you figure something out

  • randy41_1
    9 years ago

    i've done very well this year at the farmers market selling pints of snow peas for $3, or $8/lb. i would make the most of it and get what i could out of it.

  • skatcon
    Original Author
    9 years ago

    Thanks everyone for the kind and encouraging words. What on earth made me think that I might get through the growing season with no worse problems then a cold wet spring!
    I will sell these as best I can, and give lots to my csa. I think the worst pain is that I kept telling everyone the peas would be ready soon and they were really beautiful and loaded with blooms. Even posted a picture of the vines on my facebook page. You can check it out at redferngardens if you want.
    Hmm, what was that my grandmother used to say about "pride goeth before the fall"?

  • lazy_gardens
    9 years ago

    OH WOW!

    Let your fans and customers know what happened and suggest that they take advantage of the opportunity to expand their cooking experience.

    The main difference between sugar snaps and snow peas is the shape of the pods, round versus flat ... the taste and how you use them in recipes is the same.

    One advantage of snow peas is that they hold more dip if you are eating them on a raw veggie platter.

  • trisha_51
    9 years ago

    That's very discouraging! I picked up a sack of peas that were not what they were labeled, too. Pulled them out last week and replanted what I hope will be the right pea! (sigh) I don't have as big a lose as you though. Hope yours grow quickly.

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