﻿106 



The Florists^ Review 



Apbil 8. 1020 



which the plaintiff signed contained, 

 among various reservations, the follow- 

 ing sentence: 



AU bulbs and plants are carefully selected 

 and packed, but on account of the goods having 

 been imported end of many other circumstances 

 entirely beyond our control, no guaranty of tlie 

 character of the goods, sizes or flowering results 

 is given under any circumstances. 



On receipt of a shipment of for- 

 mosum lily bulbs under the contract, the 

 defendant complained that the stock 

 was small and poor. In response, the 

 plaintiff wrote that cold-storage gigan- 

 teum bulbs would be shipped, suggest- 

 ing that it was then too late for the 

 flowering of formosum. 



The court found that the cold-stor- 

 age giganteum bulbs which were 

 shipped as a substitute for the for- 

 mosum were planted as soon as they 

 were received and that the flower crop 

 from them was a failure, due to the 

 quality of the bulbs. Under these cir- 

 cumstances, the North Dakota Supreme 

 court said: 



Wlieii Implied. 



"The question that arises from the 

 foregoing facts is whether or not the 

 plaintiff ia liable for the breach of an 

 implied warranty of the quality of the 

 goods sold. The first contention is that 

 the plaintiJGf is not liable by reason of 

 the stipulation in the written order 

 hereinbefore quoted. But it ia clear 

 from the testimony and the corre- 

 spondence in evidence that the dam- 

 ages claimed did not result from a 

 breach of warranty concerning any 

 goods embraced within the written or- 

 der. On the contrary, it appears that 

 the claim is based upon the inferior 

 quality of the bulbs sent as a substi- 

 tute for an order which tlie plaintiff 

 admitted was not properly filled by it. 

 Section 15 of the uniform sales act pro- 

 vides that there is an implied war- 

 ranty or condition as to quality or fit- 

 ness 'where the buyer, expressly or 

 by implication, makes known to the 

 seller the particular purpose for which 

 the goods are required and it appears 

 that the buyer relies upon the seller's 

 skill or judgment, whether he be the 

 grower or manufacturer or not,' and 

 * where the goods are bought by descrip- 

 tion from a seller who deals in goods of 

 that description, whether he be the 

 grower or manufacturer or not.' 



"Under the sales act the implied 

 warranty arises out of the reliance of 

 the buyer upon either the skill or the 

 judgment of the seller, and the relative 

 position of the parties, due principally 

 to the character of the business or oc- 

 cupation of the seller, which was once 

 deemed practically conclusive in de- 

 termining the existence of an implied 

 warranty, is not conclusive under the 

 act. 



Printed Warning Inadequate. 



"It is also contended that a printed 

 statement upon the various invoices 

 sufficiently negatived the implied war- 

 ranties as a matter of law. The ob- 

 servation of Justice Holmes in a par- 

 allel case is a sufficient iinswer to this 

 contention and we arc content to adopt 

 it as such: 



' ' 'The general ])rinted warning on the 

 billhead that the dofondant did not war- 

 rant seeds could have no effect unless it 

 led to the inference that the old contract 

 had been rescinded and a new one sub- 

 stituted by mutual agreement. Even if 

 the bill had been receipted, it would 

 not have excluded proof of warranty | 

 andj whether it was evidence of a re 



Lily Bulbs 



Now in storage awaiting your order. 



GIGANTEUM 



6 to 8-inch $45.00 per case 



7 to 9-inch 49.50 per case 



8 to 10-inch 52.00 per case 



9 to 10-inch 55.00 per case 



RUBRUM, MAGNIFICUM. MELPOMENE 

 8 to 9-inch $17.00 per 100 



8 to 9-inch 32.00 per case 



9 to 10-inch 22.00 per 100 



9 to 10-inch 30.00 per case 



10 to 11-inch 30.00 per case 



Shipment any time you say. 



^ ^i^ American Bulb Co. 



'^'^r^^^^'*^ 172 North Wabash Avenue, Chicago 



Mention The RfTtew when you write. 



Snapdragons 



are 9 layi ag a leading role with every livi florist. 

 Gkt your share of this businest. Plants may be 

 started any time from seed. 



Seed or our famous Silver Pink. Sl.00 per pkt.: 

 S for t2.60; 7 for $6.00. 



Seed of our new Hybrid Pink and of oar new 

 Golden Pink Queen, same price. 



Seed of Keystone. Nelrose, Garnet, White, 

 Yellow, Light Pink, Buxton and Fancy Mixed, 

 6c per pkt.: 8 for Sl.00. 



Free cultural directions. All ofdcfs cash. 



G. S.RANSBURG, SONERSWORTH,N.H. 



MentloB The BeTlew when you write. 



Cold Stor^e Giganteum 



7 to 9-inch $17.50 per 100 Case of 300 $50.00 



Order now for immediate delivery, or when needed 



C. J. SPEELNAN & SONS, 38 Nvrray Street, New Ytrk City 



ESTABLISHED 1868 



Mention The BeTiew when yon write. 



P. Vos & Son 



Mt. Clemens, Mich. GLADIOLI 



r«| 



Growers of 

 New and Choice 



Seed Packets 



FLOWER SBBD SIZES TO CATALOQUB 

 BNVELOPES-RETURN ENVFLOPBS 



Bnwn Ba{ rillin{ Hichine Ci. 



PITCHRUDO. MASS.. U. S. a. 

 Mention The Review when you write. 



scission or not, it did r.ot estnhlish one 

 as a matter of law.' 



HELLKRS 

 M I r L 

 P H O O y 

 SLED 



Sorf f ar CilihfM. 



HELLER & CO. 



MMtpcficr* Omo 



Mention The BeTlew when jron wrtw. 



"If the circumstances anterior to ^^^ 

 invoices indicated the existence of ^ 



