90 



The Florists' Review 



Maech 30, 1916. 



into a contract in New York before the 

 European war was declared, agreeing to 

 deliver at New York or Boston mer- 

 chandise of Belgian origin. The de- 

 fendants are citizens of Germany, and 

 when sued for breach of the contract 

 pleaded as a complete defense that the 

 performance of the contract had been 

 pi-evented by hostilities between their 

 country and Belgium, which, under the 

 German law, prevented the exportation 

 of the merchandise or dealings with 

 Belgian industries. But the court ap- 

 plied the rule that impossibility of per- 

 formance of a contract due to a foreign 

 law is no excuse for nonperformance of 

 an agreement made and to be per- 

 formed in a neutral country. The de- 

 cision quotes the following statement 

 of a federal court: "The contracting 

 parties are subject to the contingencies 

 of changes in their own law and are 

 liable to have the execution of their 

 contracts prevented thereby, but it is 

 on the ground of illegality, not of im- 

 possibility. Prevention by the law of 

 a foreign country is not usually deemed 

 an excuse, when the act which was con- 

 templated by the contract was valid 

 in view of the law of the place where 

 it was made and, for stronger reasons, 

 when it also was valid at the place of 

 performance." S. 



LAW ON TEItEGBAM EBBOBS. 



When an order for seed is sent by 

 telegraph and, through mistake of an 

 operator, is delivered as calling for a 

 greater quantity than was intended, the 

 buyer who accepts delivery of the ex- 

 cess has no cause of action against the 

 telegraph company on account of the 

 mistake, according to a recent decision 

 of the Mississippi Supreme court. 



The plaintiff, or buyer, ordered seed 

 corn from the Shenandoah Pure Seed 

 Co., of Shenandoah, la., by wire, send- 

 ing the following telegram: "Ship us 

 seventy-five bushels St, Charles White, 

 seventy-five bushels Silver Mine, 150 

 bushels Banner White, 200 bushels 

 Monoch of Iowa." This telegram, 

 when delivered, read as follows: "Ship 

 us seventy-five barrels St. Charles 

 White, seventy bushels Silver Mine, 150 

 bushels Banner White, 200 bushels 

 Monoch of Iowa." 



The telegram, as sent, called for 500 

 bushels of seed corn worth $1.10 per 

 bushel, making a total of $550. The 

 telegram, as delivered to the seed com- 

 pany, called for 795 bushels. The com- 

 pany actually shipped 788 bushels, 

 billed at $1.10 per bushel. The buyer 

 could not sell this excess as seed corn, 

 but did sell it as feed corn at 70 cents 

 per bushel, entailing a loss of 40 cents 

 per bushel on the excess, or a total 

 loss of $115.20. 



A draft for the cost of the shipment, 

 attached to an invoice and the bill of 

 lading, was presented and paid before 

 the seed was received, and, therefore, 

 the buyer knew before the shipment was 

 accepted that it was larger than he 

 had ordered. He brought suit against 

 the telegraph company to recover the 

 amount of his loss, but the courts de- 

 nied his right to recover on the ground 

 that his voluntary acceptance of the 

 excessive quantity constituted a waiver 

 of his claim against the telegraph com- 

 pany. S. 



Batavia, 111. — Gas escaping from the 

 mains last week filled the greenhouses 

 of A. Anderson and damaged flowers 

 and plants valued at $6,000. 



Place your order for 



COLD STORAGE LILIES 



now and have them delivered to you at any time during the year to 

 suit your own convenience. There is money in Cold Storage Lilies 

 and no mistake. ' v 



You will likewise find it to your interest to place your orders now 

 for Cyclamen, Seedlings and Plants; Begonias, Cincinnati 

 and Lorraine, etc., for next season's delivery. And how about your 

 Carnation Cuttings? For a list of varieties and prices, as well 

 as other stock you may want, see our classified ads. 



We have just mailed out our catalogue, which you will 

 find very helpful. If you have not received a copy, a 

 postal will bring it by return mail. 



S. S. SKIDELSKY C CO., **^ V!:s2l.:!l!:>. 



Mention The Rerlew when yon write. 



OUR MOTTO: THE BEST THE MARKET AFFORDS 



Valley 



Orders taken now for 1916 crop 



of 

 German — Swedish — Dutch Pips 



CHAS. SCHWAKE & CO., Inc., 90-92 W. Bnadway, NEW YORK 



MEYER'S 



T 



BRAND 



FORMOSUMS-GIGANTEUMS-MULTIFLORUMS 



THE LILY WITHOUT A PUR 

 Ord«r N«w for FALL D«llv«ry Ix Now Crop 



CORP. OF CHAS. F. MEYER, 99 Warren St., NEW YORK 



Mention The BeTlew when yon write. 



COur prices en GLADIOLUS BULBS will interest you. 

 Write for our list. Save money by ordering^ your Gigan- 

 teum NOW for delivery at any time during the year. 

 LECHNER BROTHERS Agents The Growers Association 



413 Caxlon BIdg., ST. LOUIS, MO. ^^'^ Anna Panlowna, Halland 



Mention Tbe Herlew when yon write. 



ASPARAGUS riUNOSUS NANUS SEED 



Frosh 1916 Crop 



Ps' 1000 '7Kn 



DRAKE POINT GREENHOUSES. - YALAHA, FLA. io,ooo and over, at. . . 50c 



Mention The Review when yon write. 



GLADIOLI 



My new wholesale list of 85 varieties of Gla- 

 dioli is now ready for distribution. It is free 

 for the asking. My stock of bulbs is of good 

 quality and will give satisfaction. 



E. E. STEWART. Brwklyii. Mich. 



UUUH GKANnim, 7/9 kiilk 



Tnborosea, Dwarf Pearl. 



GLADIOLUS. America, Augusta, Francis King 



and Halley. 

 CAMNAS, a*parato colors. 



Wood Moss, Sphagnum Moss, Bamboo Canes, Tobak- 

 ino, Nico-fume and other Florists' Supplies. 

 Prices on application. 



DBITCrnNI 1*8 West 6th Street, 

 . aUOl/Unif CIMCINMATI, OBIO 



THE KENILWORTH 



aiANT PANSY SEED 



ICOO seeds, 25c: 8000, $1.00: 

 oz.,$S.OO. lOOOofRalnbow 

 fr«« with every $1.80 

 worth of pansy ( 



PRINCESS, new upright, 



1000 seeds, 36c: ^oz.,$l.00: 



^4 oz., $2.0*: oz., $7JS0. 



Watch for our Trade Mark Stamped 

 on every brick of Lambert's 



PnitCoItnK Nnshnom 5^wii 



Substitution of cheaper grades Is thus 

 easily exposed. Fresh sample brick, 

 with Illustrated book, mailed postpaid 

 by manufacturers upon receipt ot 40 

 cents In postage. Address 



TradeMark. Afflerkan Spawn Co., SL Paul, Mian. 



<G> 



