March 1, 1919 



HORTICULTUKE 



303 



< 'AMRRIDCE 



NEW YORK 



u 



World's Oldest and Largest 

 Manufacturers of 



FLOWER POTS 



WHY? 



A. H. HEWS & CO., INC. 



Cambridge, Mass. 



CHANGING THE TERMS AFTER 

 GOODS ARE BOUGHT 



A question has been put to me that 

 I do not remember having written on, 

 at least not specifically on this phase 

 of it. It is this: 



When a man buys goods or has 

 some kind of a business transaction 

 with another, all the terms of which 

 are agreed upon at the time the deal 

 is made, can the seller afterward, by 

 a notice in an invoice, or on a bill 

 head, or in a letter, make some new 

 rule about it which will affect the 

 other party? 



The illustration which is used in 

 submitting the question to me will 

 make the application of the rule clear. 

 In this case a merchant bought some 

 goods on certain well-understood 

 terms. They were delivered and ac- 

 cepted and the invoice paid. Several 

 weeks later, when the goods were 

 gone over with the intent to put them 

 on sale, it was discovered that they 

 were defective. Claim was made, but 

 the seller declined to recognize it, 

 pointing to a clause in the invoice 

 reading: "All claims must be made 

 within ten days after receipt of 

 goods." In the original order nothing 

 had been said which would limit the 

 making of claims in any way. 



The question is, is that buyer done 

 out of his right to claim for defects? 



The answer is emphatically no. A 

 seller cannot take a completed order 

 or contract, and introduce into it se- 

 cretly in a way, an entirely new pro- 

 vision which affects the buyer's rights. 



The above effort to do this is typical 

 of schemes that sellers of merchan- 

 dise and parties to contracts, are con- 

 stantly endeavoring to put over, and 

 quite often they succeed because the 

 other party doesn't know his rights. 

 The general law on the subject I quote 

 as follows: — 



Terms brought to the acceptee's 

 notice after the agreement is com- 

 plete will not affect the agreement. 

 If a party, therefore, cannot be 

 charged with notice of the conditions 

 contained in a paper which he accepts 

 as containing the actual offer at the 



CLASSIFIED DIRECTORY 



Advertisements in this Department, Ten Cents a Line, Net 



BULBS 



C. KEUR A SONS, HILLEQOM, Holland. 



Bulbs of all descriptions. Write for prices. 



NEW YORK BRANCH, 8-10 Bridge St. 



CANNAB 

 For the best Up-to-Date Cannas, get new 

 price list. THE CONARD & JONES CO.. 

 West Grove, Pa. 



CARNATIONS 



Albert Roper, unrooted cuttings, $2.00 per 



100. Cash with order. 



HARVEY B. GREENE, Lowell, Mass. 



CARNATION STAPLES 



Split carnations quickly, easily and 

 cheaply mended. Plllsbury'i Carnation 

 Staple, 1000 for 36c; 3000 for S1.00 post- 

 paid. I. L. PILLSBURY. Galesburg, 111. 



DAHLIAS 



Peony Dahlia Mrs. Frederick Grlnnell. 



$10.00 per clump. Cash with order. 



JOHN P. ROONBY, New Bedford, Mass. 



New Paeony Dahlia — John Wanamaker, 

 Newest, Handsomest, Best. New color, new 

 form and new habit of growth. Big stock 

 of best cut-flower varieties. Send list of 

 wants to PEACOCK DAHLIA FARMS, 

 Berlin, N. J. 



GLADIOLUS BULBS 



Fine, all colors mixture, $1.25 per 100, 

 $10 per 1000. Send for catalog. 

 H. M. GILLET, Box H, Lebanon Spring, 

 N. Y. 



GLASS. 



Greenhouse glass, lowest prices. JOHN- 

 STON GLASS CO., Hartford City, Ind. 



GOLD FISH 



Gold flsb, aquarium plants, snails, cas- 

 tles, globes, aquarium, flsn goods, nets, 

 etc., wholesale. FRANKLIN BARRETT, 

 Breeder, 4816 D St., Olney, Philadelphia, 

 Pa. Large breeding pairs for sale. Send 

 for price list. 



HOT BED SASH 



Standard Hot Bed Sash, 3x6, $1.50 each. 

 Order for 10 to 24, $1.45 each; 25 to 60, 

 $1.40 each. Glass, 50 square feet, 6x8, 

 8x10 at $4.50. 10x12, 10x14 at $4.25. 



C. N. ROBINSON & BRO., 

 Dept. 29 Baltimore, Md. 



OBCHIDS 



HASSALL & CO., Orchid Growers and 

 Raisers, Southgate, London, England. Catt- 

 leyas and Laello-Cattleyas our specialty. 

 One trial order solicited. 



PEONIES 



Peonies. The world's greatest collection, 

 12O0 sorts. Send for list. C. BBT8CHER, 

 Canal Dover, O. 



SPHAGNUM MOSS 

 Live Sphagnum moss, orchid peat and 

 orchid baskets always on band. LAGER 

 & HURRBLL, Summit N. J. 



SWEET PEAS 



Just Arrived, crop 1018 winter flowering 

 SWEET PEAS, New Zealand grown, the 

 large flowering waved or Spencer type. W» 

 have been very fortunate to secure the en- 

 tire crop of one of the beBt growers in New 

 Zealand. New Zealand grown seed has al- 

 ways produced the earliest, and best blooms, 

 and seed started In August will produce 

 (lowers from Thanksgiving until March; 

 requiring a low temperature, these make an 

 Ideal crop for the Florist this year. Scar- 

 let, always a good seller. Finest Mixture, 

 all the best colors. Pink and White, 

 Blanche Ferry type. Yarrawa (true), bright 

 roBe pink with light wings. Writs for 

 further particulars. 

 JULIUS ROEHRS CO., Rutherford. N. J. 



VINES 



Flowering and Foliage Vines, choice 

 collection. Large Specimen, Pot and Tub 

 grown for Immediate effect; also Climbing 

 Roses. J. H. TROY, Mount Hlssarllk Nur- 

 sery, New Rochelle, N. Y. 



WIRE WORK 



WILLIAM E. HEILSCHERS WIRB 

 WORKS, 284 Randolph St.. Detroit, Mich. 



HELP WANTED~ 



LANDSCAPE GARDENER 

 WANTED 



One capable of making and executing 

 plans who can make himself useful both 

 In the office and outside. State experience, 

 age and salary expected. 



E. W. BREED, Clinton, Mass. 



WANTED : At once, 2 or 3 young men 

 to learn rose growing at Wakefield, Mass. 

 Will pay what a man is worth. Apply to 

 N. F. MCCARTHY, 31 Otis St., Boston, 

 Mass. 



SITUATIONS WANTED 



SITUATION WANTED as outside gar- 

 dener on private estate by single man who 

 thoroughly understands the business. 

 W. J. DEVERY, 10 St. Germain St., 

 Boston, Mass. 



FOR SALE 

 GREENHOUSES FOR SALE 



Must settle estate; many years success- 

 ful operation. Good location, convenient 

 to two railroads, within twenty-live 

 minutes of Boston. Also dwelling, stable 

 and outbuildings. Apply at once. MRS. 

 E. M. RUMERY, Newtonville, Mass. 



very instant it is delivered to him, 

 even actual notice afterward will have 

 no effect. Upon receipt by a railroad 

 of a parcel to be conveyed to its 

 destination, the charge being paid or 

 to be collected on delivery by the 

 consignee, the contract is completed 

 and the railroad's responsibility at 

 once attaches, and it cannot be 

 changed by the subsequent delivery 

 to the customer of a bill of lading or 

 other writing containing conditions 

 limiting the railroad's liability, unless 

 it appear that the intention of the 

 parties was that the oral negotiations 

 were simply preliminary to the for- 

 mal contract which was to be con- 

 tained in a bill of lading or other 

 written instrument. 



Note that the above lays down the 

 rule that even if one party has notice 

 of what the other is trying to do, viz.: 

 introduce some new rule, he is not 

 bound to notice it and is not bound by 

 it. To apply this, if in the above case, 

 the buyer had seen the words "all 

 claims must be made within ten 

 days," etc., in the invoice, he would 

 not have been obliged to pay any at- 

 tention to them. 



There was one case In which a silk 

 Jobber delivered to a buyer a lot of 

 silk to be dyed. When it came back 

 it was found to be badly and unskill- 



