Related%20passage for Bava Batra 6:1

הַמּוֹכֵר פֵּרוֹת לַחֲבֵרוֹ וְלֹא צִמְּחוּ, וַאֲפִלּוּ זֶרַע פִּשְׁתָּן, אֵינוֹ חַיָּב בְּאַחֲרָיוּתָן. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, זֵרְעוֹנֵי גִנָּה שֶׁאֵינָן נֶאֱכָלִין, חַיָּב בְּאַחֲרָיוּתָן:

If one sells "fruits" [unqualified] to his neighbor, [not specifying whether for eating or for sowing, and they do not sprout] — even flax seed, [which is generally sold for sowing], he is not liable for "returns," [for he can say: "I sold them for eating"; for the rule of the majority is not followed in money matters.] R. Shimon b. Gamliel says: With garden seeds, which are not eaten, he is responsible for returns. [The Gemara construes the entire Mishnah in accordance with R. Gamliel. It is regarded as defective and to be taught thus: "He is not liable for returns even with flax seed. But with garden seeds, which are not eaten, he is liable for returns. These are the words of R. Shimon b. Gamliel. (For R. Shimon b. Gamliel says that one is liable for garden seeds, which are not eaten.) It is a "mistaken sale," for they were certainly sold for sowing.]

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