^Jt^i^;??'^^^?* 'r-r'^'sT'^rV'.'^s^^ 'VT r^^Tp ^ c™"^iCV 



22 



• ..ew.Jpr-T!; 



The Florists' Review' 



August 24, 1916. 



is'l^tion and 



ILe5^ Deci^^ 



A LEQAL PHASE THAT COUNTS. 



In affirming a judgment against a 

 florist for $2^250 damages on account 

 of injury sustained by the plaintiff 

 when he was struck by the florist's de- 

 livery truck, the Pennsylvania Supreme 

 court had occasion the other day to 

 apply the rule that before the owner of 

 Buch an automobile may be held liable 

 for such an accident it must appear 

 that the truck was being operated at 

 the time in connection with his busi- 

 ness. In other words, when an automo- 

 bile or delivery wagon used primarily 

 for business purposes is being temporar- 

 ily used for pleasure purposes by an em- 

 ployee, the owner is not liable for in- 

 juries resulting from careless operation 

 of the vehicle. 



In the Pennsylvania case, the florist's 

 principal contention was that the plain- 

 tiff failed to prove that, at the time of 

 the accident, one of the florist's em- 

 ployees was operating the automobile 

 delivery wagon in connection with the 

 florist's business, bu1| the court said: 



' ' The name of the floral company was 

 on the wagon. At the time of the ac- 

 cident the secretary of the company 

 was operating it. Though the accident 

 occurred on Sunday, the evidence 

 showed that the company's store was 

 open for business during that day, and 

 that the wagon was coming from the 

 direction of the street on which the 

 store was located. From these facts a 

 fair inference for the jury was that the 

 wagon was being operated in connec- 

 tion with the business at the time of 

 the collision." 8. 



LIABILITY FOR EENT. 



Recent litigation to which the 

 Bobinson Seed & Plant Co., of Dallas, 

 Tex., was a party has resulted in a 

 decision by the Texas Court of Civil 

 Appeals of some interesting legal 

 phases relating to a tenant's liability 

 for rent after quitting possession of 

 the leased premises before expiration 

 of his lease. (See 167 Southwestern Re- 

 porter 749.) 



The company leased the premises in 

 question for five years under agree- 

 ment forbidding subletting without the 

 landlord's consent, but, on quitting 

 business before expiration of the 5- 

 year term, the company obtained per- 

 mission to sublet to tenants who might 

 prove satisfactory to the landlord, sub- 

 ject to the company's remaining pri- 

 marily liable for the rent. The com- 

 pany could not procure tenants who 

 would accept the unexpired part of 

 the lease, unless the landlord would 

 consent to renew at the same rental, 

 which the latter refused to do. Later 

 the company abandoned the premises 

 and refused to pay rent accruing there- 

 after, on the ground that it was re- 

 leased from liability by the landlord's 

 refusal to accept the new tenants of- 

 fered. On expiration of the five years, 

 the landlord sued for the excess of the 

 rents for the unexpired period above 



the amount received from tenants who 

 occupied the premises for part of the 

 time, and the Court of Civil Appeals 

 sustained the right of recovery, saying: 



"By the contract of lease in the in- 

 stant case, defendant was bound for 

 the rent lor the unexpired term and, 

 after it abandoned the premises, it was 

 the duty of the plaintiffs to relet the 

 premises for the unexpired term to the 

 best advantage they could in the exer* 

 cise of ordinary diligence in that be- 

 half. This they did." 



Answering a contention made by the 

 company that the landlord was bound 

 to accept the tenants offered by the 

 company, the court said: 



"We think the contention unsound, 

 since said tenants would accept the 

 premises only on condition that the 

 unexpired lease was extended for a long 

 period of time for the same rental. 

 Such an extension of time would un- 

 doubtedly have prevented loss to de- 

 fendant, but, on the other hand, would 

 have resulted in a loss to plaintiffs in 

 error of what they considered the in- 

 crease in rental value of the leased 

 premises. This, plaintiffs, of course, 

 were not bound to do, either by the 

 lease or any rule of law." S. 



IBISES FOB CUTTING. 



What are the best sorts of irises for 

 the cut flower trade f Are they cut and 

 shipped while in budt How are they 

 treated or hardened for shipping? 



r. M. P.— O. 



Several varieties of irises are suitable 

 for cutting. The kind mostly seen on 

 the cut flower markets, however, is Iris 

 Hispanica, or Spanish iris, a bulbous 

 species and inexpensive. These are per- 

 fectly hardy and should be planted out- 

 doors from October 15 to November 15. 

 Good varieties are Chrysolora, Louise, 

 King of the Blues and British Queen. 

 The English irises flower a week or so 

 later than the Spanish. They produce 

 stouter stalks and somewhat larger flow- 

 ers, but they are somewhat more expen- 

 sive. These irises are always allowed 

 to expand fully before being cut and 

 shipped. They are popular market flow- 

 ers from April 15 until the outdoor sea- 

 son ends. 



The German irises flower two to three 

 weeks earlier than the Spanish. They 

 are hardy and of easy culture, but are 

 not so much used as cut flowers. These 

 and the Japanese irises, or I. Ksempferi, 

 which flower the latest of the whole iris 

 family, are best if cut in bud, if to be 

 shipped any considerable distance. Iris 

 Sibirica and the pure white variety. 

 Snow Queen, flowering outdoors in June, 

 are fine for cutting, especially the last- 

 named, and are of easy culture. The 

 flowers possess good substance and ship 

 well. Plant the German, Japanese and 

 Siberian irises in September for best 

 results. C. W. 



iNews' from 



roa 



Haarlem, Holland. — According to one 

 of the reports of the Haarlem section of 

 the Union for Flower Bulb Cultivation, 

 tulip bulbs are said to be suitable for 

 pig food. 



Hamburg, (Germany. — The declared 

 values of the lily of the valley pips 

 for export to the United States, in- 

 voiced through the Hamburg U. S. con- 

 sulate in the two shipping seasons since 

 the war began, are as follows: In 

 1914, $68,450; in 1915, $38,567. 



Lyons, France. — J. Pemet-Ducher, 

 who has been called by E. Q. Hill * ' the 

 world 's greatest rosarian, ' * is indignant 

 that other raisers should have named 

 novelties after his two sons, Claude and 

 Georges, both of whom have been killed 

 in battle. M. Pernet-Ducher notifies 

 the trade that he "reserves to himself 

 the duty and right of naming two of his 

 best new roses after his dear sons." 



Sassenheim, Holland. — Bulb ship- 

 ments are much later than usual this 

 season, because of the difficulty the 

 growers have experienced in getting 

 the stock cleaned and cured. With 

 rain practically every day in July, the 

 atmosphere was so saturated with mois- 

 ture that it was impossible to get the 

 bulbs dry at the time packing usually 

 begins. Shipments are from two weeks 

 to a month later than usual. 



Bexlin, Oermany. — In s^ite of a 

 seventy-five per cent reduction in gen- 

 eral exports to the United States, the 

 declared values of plants and trees in- 

 voiced at the Berlin U. S. consulate in- 

 creased from $16,003 in 1914 to $22,311 

 in 1915. 



London, England. — In the matter of 

 the British government's permission to 

 import one-half of last year's quantity 

 of Japanese lily bulbs, the trade com- 

 mittee appointed to devise regulations 

 has reported: "Application for a license 

 will be considered from firms or indi- 

 viduals who can prove to the committee 

 that they themselves actually imported 

 direct last season. The basis, on which a 

 license will be given will be for a quan- 

 tity not exceeding fifty per cent of last 

 year's imports as proved to the satis- 

 faction of the control committee. Im- 

 porters must in their turn undertake to 

 supply, if desired, last season's cus- 

 tomers with a similar proportion. This 

 restriction will not apply in favor of 

 customers who obtained their supplies at 

 the public auctions. Prices to be fair 

 and reasonable. In the event of a dis- 

 agreement, either party may bring the 

 matter before the committee. The mem- 

 bers of the committee are H. Morgan 

 Veitch, chairman; W. H. Page, W. A. 

 Sherwood, Thos. Rochford and W. H. 

 Brown. 



f'?^ Sr.-ft-'Jft.i'k*. -If 



