60 



The Florists^ Review 



January 11, 1917. 



Holland 

 Grown 



BEGONIAS 



PROMPT DELIVERY GUARANTEED 



Per lOO 



Single extra large flowering type, .... $2.00 



Double extra large flowering type, .... .2.50 



Single Begonia Crispa, 4.00 



Begonia Cristata, 4.50 



ALL IN RED, WHITE, ROSE. YELLOW AND ORANGE COLORS. 



Tuberous 

 Rooted 



Per lOOO 



$18.00 

 23.00 

 35.00 

 40.00 



F. RYNYELD & SONS 



25 WEST BROADWAY 



NEW YORK, N. Y, 



Mention The KeTlew when yon write. 



whether they were Klekley Sweets or 

 not. 



The vines produced small melons 

 which were not readily sold on the mar- 

 ket. In fact, plaintiff testified that he 

 was able to obtain only about $100 for 

 the crop, selling some of the melons at 

 50 cents a hundred. 



There was also proof tending to show 

 that, had the seed been true to kind, 

 the crop would have been of a consider- 

 ably greater value. 



The Defense. 



The defendant tendered $2 and the 

 costs accrued in the case. The tender 

 represented the difference between the 

 market value of the amount of seed 

 delivered to plaintiff by defendant and 

 the same amount of Klekley Sweets. 

 The defense was that the measure of 

 damages was at most that sum. 



The trial judge held with this in- 

 sistence and gave peremptory instruc- 

 tion to the jury to find for defendant. 



The Court of Civil Appeals, on ap- 

 peal, held that this ruling was erroneous 

 and remanded the cause to the lower 

 court for retrial. 



In modifying and affirming the judg- 

 ment of the Court of Civil Appeals, the 

 Supreme court says: 



"We hold that this was a proper dis- 

 position of the case on the part of the 

 appellate court, though we reach the 

 result on a different theory of the law. 



When the Crop Falls. 



"There have been developed two 

 rules in respect to damages growing out 

 of the warranting of seed that proved 

 not true to name. The first class of 

 cases, dealing with seed, improperly de- 

 livered under the contract, that is of 

 -sneh quality that no crop is produced, 

 announce the restrictive rule that there 

 is no proper basis for the allowance of 

 expected profits as damages. The rule 

 in such case appears to be that the 

 items of damages recoverable are those 

 of actual outlay, such as the price paid 

 for the seed, the expense of preparing 

 the soil to receive the seed (less general 

 benefit to the land therefrom), the ex- 

 pense of planting, and the loss sus- 

 tained from having the land lie idle for 

 such period of time as the use of it 

 was lost. Shaw v. Smith, 45 Kan. 334, 

 25 Pac. 886, 11 L. R. A. 681; Butler v. 

 Moore, 68 Ga. 780, 45 Am. Rep. 508; 

 Reiger v. Worth, 127 N. C. 230, 37 S. E. 



BULBS 



are very late in arriving 

 owing to the congestion 

 of freight facilities. 



We are now filling our orders as fast as possible. 



We expect to have a surplus of all the leading 

 varieties for florists' use. '' 



If in need of Bulbs write us, or better yet, send us your orders. 



OUR BULBS ARE SUPERIOR QUAUTT. PRICES RIGHT. 



rOTTLER, riSKE, RAWSON CO., XrFaneuU Hall Squre, Boston 



PEDIGREE SEEDS 

 AND NOVELTIES FOR 1917 



OUR NEW CATALOGUE WILL BE jREADY SHORTLY 



WATKINS & SIIVtPSON, Ltd. 



27, 28 & 29 DRURY LANE, LONDON, ENQ. 



