ORR, Circuit Judge.
Appellant, a grower and seller of vegetable seeds, with his principal place of business located in Stockton, California, sent to his customers a "surplus list" showing the seeds he had in stock and the prices asked. Attached to the "surplus list" was a blank form of contract of sale. One of the provisions contained in said blank form was the following:
"5. Except as herein otherwise expressly provided, the seller gives no undertaking or...
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