Any nurserymen or tree dealers who shall sell and contract to deliver any fruit trees, vines, shrubs, plants or bulbs for planting, and shall fail to deliver said fruit trees, vines, shrubs, plants or bulbs at a time and season proper for the planting and growth of such fruit trees, vines, shrubs, plants or bulbs, said contract shall be voidable at the option of the purchaser, who shall have the further right of recovery for any damage they may incur by the failure to receive said fruit trees, vines, shrubs, plants or bulbs at a proper season for the planting and growth of said fruit trees, vines, shrubs, plants or bulbs.
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