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GREENBRIER FARMS v. CLARKE

Record No. 3930.

71 S.E.2d 167 (1952)

193 Va. 891

GREENBRIER FARMS, Inc. v. CLARKE.

Supreme Court of Appeals of Virginia.

June 16, 1952.

Attorney(s) appearing for the Case

Jas. G. Martin & Sons, Samuel Goldblatt, Norfolk, for plaintiff in error.

Herbert & Bohannon, Norfolk, for defendant in error.

Before EGGLESTON, SPRATLEY, BUCHANAN, MILLER and WHITTLE, JJ.

BUCHANAN, Justice.

The plaintiff below, Mrs. Clarke, in April, 1945, filed her notice of motion for judgment against the defendant, Greenbrier Farms, Incorporated, making these allegations:

She had developed a new variety of camellia, unlike any previously grown, a flower of exquisite beauty and unusual coloring and appearance. In 1943 the defendant's agents saw this camellia in bloom and requested permission to take cuttings for the purpose of growing plants...

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