64 



The Florists' Review 



Mabch 8. 1017. 



satisfied, let me know and I will refund your 

 money. • » » You should carefully test your 

 seed. ♦ • * If seeds are not as represented 

 and do not test out satisfactorily to you, we 

 take it back uud you get your money and no 

 kicking. 



Referring to the particular variety of 

 corn, the catalogue stated: 



All ears are well matured, kernels germinate 

 quickly, and send up good, strong plants riglit 

 from the start. • ♦ • It is good, and I know 

 you will like it. 



The plaintiff based his right to re- 

 cover damages on the theory that, the 

 corn having been sold for seed, there 

 was an implied warranty that it was 

 suitable for the purpose for which it was 

 sold, and would grow when planted. He 

 further claimed that the reference to 

 tests in the catalogue was merely sug- 

 gestive to the customer, and not a con- 

 dition attached to the seedsman's war- 

 ranty. Isolated parts of the catalogue 

 were quoted to sustain this latter posi- 

 tion, but the Supreme court said: 



Guaranteed "Test," Not Growth. 



"Whether this language, if unquali- 

 fied by other portions of the contract, 

 would bear the construction placed upon 

 it by the plaintiff it is unnecessary to 

 determine. The entire contract must be 

 read together, and when so read, it does 

 not support the plaintiff's contention. 

 While the language of the warranty is 

 broad, so far as the general quality of 

 the corn is concerned, it is limited in re- 

 spect to the rights of the plaintiff and 

 the liability the defendant is willing 

 to assume. The defendant 'guarantees' 

 that the corn will test satisfactorily, not 

 that it will grow if planted in the field. 

 It is well understood that by testing corn 

 is meant the planting of a small quan- 

 tity of it in a hotbed or other place 

 where it ia protected from outdoor 

 weather conditions. It is merely a test 

 of the germinating powers of the seed 

 under favorable conditions, and it may 

 well be that a vender of seed corn would 

 be willing to refund the purchase money 

 in case it would not test satisfactorily 

 when he would not be willing to war- 

 rant, either expressly or impliedly, that 

 it would grow when planted in the field 

 and become liable for the value of a 

 field of corn in case the seed should not 

 grow. By expressly warranting the corn 

 to test satisfactorily, he limited his war- 

 ranty to the results of a test, and by 

 agreeing to refund the purchase money 

 in case a test did not show satisfactory 

 results, he limited his liability to the 

 amount of the purchase money. 



Express and Implied Warranties. 



"It is a well-settled principle of law 

 as applied to sales that an implied war- 

 ranty arises only when there is no ex- 

 press warrnnty. and thnt an f>xnress war- 

 ranty always excludes an implied war- 

 ranty. 



"Under the terms of the contract, 

 • • • the plaintiff had it in his 

 power to protect himself from any loss 

 whatever. except the trifling expense of 

 testing the corn. • • • Had he 

 availed himself of his rights under the 

 terms of the contract, and as the defend- 

 ant urged him to do, by testing the corn 

 within ten days after he purchased it, 

 he would have ascertained that it was 

 not fit for seed and would not only have 

 been able to return it and have had his 

 purchase money returned to him, but 

 also could have procured other seed be- 

 fore planting time. Having failed to 

 make the test, as provided for in the 

 contract, and having planted the same 

 without testing it, he assumed the risk 



Mention The HeTJcw when yon write. 



By planting A. B. C. Bulbs every month you will cut blooms every day. 

 We can supply all sizes in any quantity at the regular fall import prices 



400 to case; 7-9, 300 to case; 8 9, 276 to 



6-8, 



9-10, 150 to case; 9-10, 100 to case; 9-11, 130 to 



LILIUN GIGANTEUM in the following sizes 



case; 8-10, 250 to case; 9-10, 200 to case. 

 HARDY LILIES (Rubrum and Magnificum): 



case; 9 11, 100 to case; 11-13, 80 to case. 



LILIUN AURATUM: 9-10. 120 to case; 9-11. 100 to case; 



11-13, 70 to case; 12-18. 60 to case; 13-16, 60 to case. 

 LILIUM ALBUM: 8-9. 190 to case: 9-11. 130 to case; 11-13, 80 



to case. LILIUM TIGRINUM, S3.00 per 100. 



We have a good stock of Cannas, Tuberoses, Caladium Es- 

 4^ i^^^' ^ W ^^ %"» culentum and Fancy Leaf. Seeds and Florists' Supplies at 

 Ij^ *^o^».s*^t3»'^'^ ^>fl market price. 



^'^CH US G^° AMERICAN BULB COMPANY 



Cable Address "BULBS** 172 N. Wabash Ave. Phone Raadoiph 331S CHICAGO, Ill- 



Mention The BeTlew when yon write. 



Cedar Acres Gladioli Exclusively 



Catalogue giving full cultural directions and attrac- 

 tive prices on all varieties. It is free* 



Bs Hammond Tracy, ggiii Wenham, Mass> 



Suzuki ^os. Co. 



FOR 



Dutch and French-grown Bulbs 



WRITK 



HOGEWONING & SONS 



Bulb GroT7«r8 

 Rynsburg, Holland 32 Broadway, New York 



KELWAY'S SEEDS 



nOWER, VEGETABLE and FARM 



for present delivery or on contract. Special 

 Quotations for next season and from harvest 

 1917 now ready. 



Langport, England 



LANGHOUT S CO. 



SASSENHEIM, HOUAND 



Wholesal* Bulb Qrowers 



Write for quotations 



14 STONE STREET. 

 NEW YORK CITY 



DANISH SEED IMPORT 



Import of »11 kindi of Seeds direct from aeed 

 (rowers in Denmark. Please send for price list 



Clw. MaoliJarKt 21«7tk St. N., MImshiMs. Miss. 



Growers and Exporters of 

 JAPANESE LILY BULBS 



YOKOHAMA, AOMORIKEN, JAPAN 



Special Trade Offer of LUlum Glganteum, 



superior quality strictly guaranteed to be free 

 from disease, for 1917, fall shipment direct 

 from our firm. 



Our endeavor is to grow for high-class 

 trade. Our aim is to merit your per- 

 manent trade. Give us a trial on your 

 next orders and see for yourself. 



Prices and inquiries from our Ameri- 

 can representative, 



PAUL S. SUZUKI, OAKLEY, WYO. 



Mention The Bevlew when yea write. 



IMPORTANT NOTICE 



The delivery of orders booked by us will be 

 subject to shipping conditions abroad. 



Write us for prices on Lilium Oiganteum and 

 Spiraea. 



LECHNER BROS.. Cutoa Bldg., ST. LOUIS, NO. 



Agents for The Growers Association, 

 Anna Paulowna, Holland. 



^ ■■ pi ■% ^ Best that crow. We mU dl- 

 ^ L L 1 1 w rect te gardenert and florists at 

 2% P r 1 1 2% whelesale. Big bMtatlfal cata- 

 VkkW lognefree. Write today. 

 AB0MIA8 SEED 8T0BE. Bex t4, 8BD1LIA, 10. 



