74 



The Florists^ Review 



March 16, 1916. 



LANDSCAPE PLA S 



Architectural planting plans or any 

 grounds, private or public, you may be 

 called upon to ay out. Send sketch and 

 measurements o estimate. 



GEO. B. MOULDER S«ith*s Grov 



Meutiuu 'llie KeTtew wUeu yuu write. 



NURSERY NEWS. 



AMEBICAN ASSOCIATION OF MUBSEBTMEN. 



President, E. S. Welch, Shenandoah, la.; Vlce- 

 presldeut, John Watson, Newark, N. J.; Secre- 

 tary, John Hall. Rochester, N. Y.; Treasurer, 

 Peter Youngers, Geneva, Neb. 



FV)rty-flr8t annual meeting, Milwaukee, wis., 

 June 28 to 30, 1916. 



The death of Lyman T. Curtis, nursery- 

 man of Flint, Mich., is reported in the 

 obituary column of this issue. 



SALE OF NUBSERIES. 



The right of a buyer of a nursery 

 to recover damages from the seller for 

 misrepresenting the number of trees 

 growing on the premises sold is not af- 

 fected by the opportunity open to the 

 buyer at the time of the sale to verify 

 the seller 's statement, according to a 

 decision handed down by the California 

 Supreme court (154 Pacific Reporter 

 851). 



The plaintiff bought from the de- 

 fendant two citrus nurseries near Los 

 Angeles, for $37,000, the contract con- 

 taining a clause evidencing an under- 

 standing that there were, in round num- 

 bers, 60,000 budded trees on one place 

 and 25,000 on the other. It was not 

 claimed by the plaintiflF that this state- 

 ment constituted a warranty, but it 

 was relied upon as a representation 

 which induced the purchase. The sum 

 of $34,000 had been paid on the pur- 

 chase price when the plaintiff discov- 

 ered, as he claims, that there were not 

 more than 65,346 trees on both tracts. 

 He brought suit against the seller, as- 

 serting that he had been damaged to 

 the extent of $12,000. The defendant 

 counterclaimed for the $3,000 still due, 

 denying that any actionable misrep- 

 resentations had been made. A trial 

 of the case resulted in a judgment in 

 the defendant's, or seller's favor, but it 

 was reversed on the plaintiff's appeal to 

 the Supreme court, which said in its 

 opinion : 



"We think it must be held that the 

 trial court erred in instructing the 

 jury, as it did, in effect, that a party 

 who has relied upon a misrepresenta- 

 tion made by another and has suffered 

 injury thereby is precluded from re- 

 covering damages, if he had an oppor- 

 tunity, and did not avail himself there- 

 of, to test the truth of the representa- 

 tions by independent investigation. 



"Whenever a positive representation 

 of fact is made, the party receiving 

 it is, in general, entitled to rely and 

 act upon it, and is not bound to verify 

 it by an independent investigation. 

 Where a representation is made of facts 

 which are or may be presumed to be 

 within the knowledge of the party mak- 

 ing it, the knowledge of the receiving 

 party concerning the real facts, which 

 shall prevent his relying on and being 

 misled by it, must be clearly and con- 

 clusively established by the evidence. 

 The mere existence of opportunities for 

 examination or of sources of informa- 



Hill's Choice Landscape, Decorative 

 '"^Forcing Stock tor Florists' Trade 



BOXWOODS-Pyramids. Standards. Globes, Bush, Dwarf— one of our leading 

 specialties. Stocked in enormous Quantities. 



BAY TREES -Standards, Half -standards. Pyramids. We can save you money 

 and give better Quality. Let us prove it. 



HARDY TUBBED EVERQREENS-Clipped specimens. Thuyas, Juniperus. 



etc.. in Pyramids. Globes and natural-shaped, in large assortment. 

 ARAUCARIAS— Best sorts, best values, all sizes -for growing on. 



LANDSCAPE EVERGREENS— New. rare and standard varieties. Small, me- 

 dium and large sizes supplied in perfect specimens, with ball and burlap. 

 Largest and most extensive collection in America. 



WINDOW-BOX PLANTS-All hardy and desirable sorts, best selection, low- 

 est prices. This line offers live florists grand opportunity to increase 

 their sales and profits. 



DECIDUOUS TREES AND SHRUBS-Our leaders- Norway Maple, American 

 White Elm and Japanese Barberry. ^^ 



YOUNG STOCK FOR LINING OUT-Ornamental Evergreens and Deciduous 

 Trees and Shrub seedlings, rooted cuttings, grafts, etc., in large assort- 

 ment, at very low prices. Annual output, 10.000,000 plants. 



Wholesale Trade LlBt has Just come from Wiite for information 



the press. If you did not receive a copy, , . , 



let us know and we will mall yon one. and prices today 



THE D. HILL NURSERY COMPANY, rnc. 



ETEBGREKN SPECIALISTS Vl^^A(\*i nriMnET Iff 



I^ARGEST GROWERS IN AMERICA OOX 4UO, UUlNUCb, ILiL. 



WHOLESALE GROWERS AND IMPORTERS 



Mention The ReTlew when yon write. 



ORNAMENTAL NURSERY STOCK 



is handled with profit and satisfaction by hundreds of our florist customers. We grow the 

 following lines in large Quantities and are always glad of the opportunity to make Quotations: 



FIELD-GROWN ROSES -FLOWERING SHRUBS -PERENNIAL PLANTS-CLIMBING VINES-ORNAMENTAL TREES 



Our Current Price List will be gladly forwarded on request. 



NOTE: Use printed stationery We sell to the Trade only and do not knowingly compete with 



our customers by allowing our trade prices to get Into the hands of private planters. 



JACKSON & PERKINS COMPANY, NEWARK. NEW YORK 



Mention The Serlew when Ten write. 



Spring 

 List 



ROSES 



f LORAL CONPSMIY*! 



Mention The Rerlew when yon write. 



SoUctod 

 Variotio* 



PEONIES 



Send for complete price list 



PETERSON NURSERY 



Stock Exdnife BIdf., CHICAGO. ILL 



Hardy Privet 



Volsarla 



Sometimes called European or English. 



Barberry Thunbergii 



15 to 18 inches: l>s to 2 feet; 2 to 2ia feet. 



Philadelphus 



2 to 8 feet; 3 to 4 feet; 4 to 6 feet. 

 W. B. COLE. PAINESVILLE. 0. 



Mentloa The Beriew when yon write. 



Our price list has been mailed to the trade. In 

 case you did not receive a copy, send for it. 



NURSERIES 



Wilmington. N. C. 



AUDUBON 



Box 7S1. 



tion is not sufficient, even though by 

 means of these opportunities and 

 sources, in the absence of any repre- 

 sentation at all, a constructive notice 

 to the party would be inferred; the 

 doctrine of constructive notice does 

 not apply where there has been such 

 a representation of fact." S. 



TO CONTBOL CHESTIHJT BUOHT. 



How to checkmate the new chestnut 

 blight, or bark disease, that is causing 

 such vast destruction is a problem of 

 no small importance. From its obscure 

 beginnings in eastern New York about 

 twelve years ago, it has swept into 

 nineteen states, and now affects about 



Ifeattea Tlie BeTlew whea fee write. 



HARDY PERENNIALS 



Wholesale Price List for spring of 1916 

 just out. Write for it. 



WMe TOOLE & SON 



Hardy Plant and Pansy Farm 

 BARABOO, WIS. 



Mention The BeTlew when yon write. 



all of the northern half of our native 

 chestniyt stands, doing damage esti- 

 mated at close to $50,000,000. It at- 

 tacks the trees in twig, branch and 

 trunk, causing death in a year or two, 

 and soon recurs in the sprouts or suck- 

 ers sent up from the still living roots. 

 No native chestnut appears to be spared 

 in the long run^ but the little eastern 

 bush, chinqi]|apin, with its smoother 

 bark and comparative freedom from 

 insect enemies, appears less readily at- 

 tacked. The European chestnut, in its 



