72 



The Florists^ Review 



Fkbbuabv 13, 1919. 



PUT OUT LAST YEAR FOR THE FIRST TIME 



Stamford Beauty Tomato Y^^Tte 



and 



The finest outdoor Tomato the world has ever seen. 

 Awarded highest honors wherever exhibited. Winners 

 off ffive Certificates of IMerit from Horticultural and 

 Agricultural Societies. 



Stamford Beauty Tomato has been exhibited and judged by 

 the most expert gardeners in America and has received most 

 flattering honors, probably more than any other Tomato on 

 the market today. 



Stamford Beauty resembles the old favorite Stone Tomato, 

 but is earlier, sweeter and has a handsome color finish of deep scarlet. 

 Stamford Beauty is a strong, healthy grower and a most wonderful crop- 

 per, producing a wealth of large, beautiful smooth Tomatoes from early 

 Summer until late Fall. Stamford Beauty will give you full reward for 

 your money and labor. Plant some this year, 



Pkt. 25c., 5 pkts., $1.00 



What others say: 



ALFRED OLSEN, truck farmer. SpriiiK- 

 dale, Conn., grew about two hundred plants 

 last summer. He says: "Your Stamford 

 Beauty Tomato has them all beaten a mile. 

 It is a real bread and butter Tomato for the 

 truck farmer. Aside from being a heavy 

 producer, it is very smooth and fine of color 

 and sells before others. Next season I shall 

 grow nothing else." 



MR. FUQENE BLANDIN, Summit. N. J., 

 says: "Your new Tomato, Stamford Beauty, 

 is all and more than you claimed for it. I 

 always considered the old Stone good enough 

 for anybody, but you have improved it 

 greatly, especially in sweetness and color. 

 We are very plrased with this and thank you 

 for the seed, which germinated perfectly." 



QUALITY SEED STORE, Stamford, Conn. 



Mention The Review wben you write. 



does not appear, however, to have been 

 any disclaimer of warranty on the part 

 of the seller, such as is commonly used 

 in the seed trade, and therefore the de- 

 cision is not to be regarded as conflict- 

 ing with those important appellate court 

 decisions which have laid down the rule 

 of law that a seedsman may avoid lia- 

 bility in cases of this kind by expr*jS8 

 disclaimer of warranty of variety, etc. 



The defendant, a grocer at Eogers, 

 Ark., sold a quantity of seed to the 

 plaintiffs as being Orange sorghum seed. 

 According to evidence adduced at the 

 trial, the seed, when planted and ma- 

 tured, proved to be a mixture of broom 

 corn, kaffir corn and milo maize seed, 

 with perhaps a mixture of sorghum of 

 some kind. Molasses could not be pro- 

 duced from the product. 



One of the plaintiffs testified that 

 defendant not only represented that the 

 seed was of the variety mentioned, but 

 added that he "would stand behind it." 

 The witness further stated that the 

 seed had been hulled and could not be 

 distinguished from sorghum seed. 



The defendant, testifying in his own 

 behalf, denied that he specified the 

 variety, merely delivering a quantity 

 on the plaintiffs' request for sorghum 

 seed. He did not grow the seed. 



In instructing the jury as to the law 

 involved in the case, the trial judge 

 laid down the following rule, which the 

 Supreme court approved on appeal: 



Trial Court's Charge. 



"If the jury believes from a prepon- 

 derance of the evidence that the plain- 

 tiffs. Price & Neil, went to the defend- 

 ant's store for the purpose of buying 

 Orange sorghum seed for the purpose 

 of growing cane to make molasses, which 

 purpose at the time was known to the 

 defendant, who as a positive fact as- 

 serted that he had Orange sorghum seed 

 to influence the plaintiffs to buy said 

 seed, which fact was relied upon by the 

 plaintiffs, who were induced thereby 

 to buy said seed, and you further find 



CABBAGE and CAULIFLOWER SEEDS 



GENUINE Imported, 1918 Crop, Very Best Danish-Grown Seeds 

 Use your sens* this year when buyins Cabbace Seeds 



Copenhagen Market, selected stock Sll.RO per lb. 



Danlsb Ballhead. selected stock 10.00 per lb. 



Hollander or Dutch Winter, selected stock 10 50 per lb. 



Danish Roandhvad, selected stock 9.50 per lb. 



Red Danish Stonebead, selected stock 10 60 per lb. 



Danish Mammoth Rock Red, selected stock 9.60 per lb. 



CAULIFLOWER SEEDS 



Extra Early Dwarf Erfurt, selected stock $2 00 per oz. 



New Earliest bnowball, selected stock 2 50 p^r oz. 



Dry Weather, selected stock 2.50 per oz. 



Danish Perfection, selected stock •. 2.75 per oz. 



ORDER EARLY. SUPPLY LIMITED. Let us auote you on all your seeds. 

 We are located in Wisconsin, where SEED LAWS are strict and PRICES LOW. 



STANDARD SEED COMPANY, 



Racine, Wis. 



MgntlOD The Reylew when you write. 



that said seed was not Orange sorghum 

 seed and was unfit for growing cane to 

 make molasses, and the seed so sold was 

 so much like Orange sorghum seed that 

 an ordinarily prudent person would not 

 have discoverod the difference in the 

 seed, » * * you will find for the 

 plaintiffs and assess their damages at a 

 sum equal to the difference in the value 

 of the crop grown from the seed so sold 

 and the value of a crop which would 

 have been grown from Orange surghum 

 seed. ' ' 



The jury which tried the case having 

 returned a verdict in the plaintiffs' 

 favor, and the trial judge having en- 

 tered judgment thereon, the defendant 

 appealed to the Supreme court, which 

 tribunal, in affirming the decision, said, 

 in part: 



Supreme Court Afitons. 



"The rule of law seems to be well 

 settled by the authorities that a sale 

 of seeds by description, where there is 

 no opportunity for inspection, or where 

 the identity is not distinguishable upon 

 an ordinary examination, imports a war- 

 ranty as to the particular kind of seeds, 

 and that such a transaction falls within 

 the general principle that a sale of chat- 

 tels by description ordinarily imports 



GLADIOLI ARD DAHLIAS 



Send for List 



B. HAHNOND TRACY, Inc. 



Cedar Acres 



WENHAM, MASS. 



GLADIOLI 



NEW TRADE LIST READY 

 JOHN LEWIS CHILDS, Inc. 



FLOWERFIELD, L. I., N. Y. 



warranty of the identity of kind. 

 Mechem on Sales, 1334. The rule is 

 succinctly stated in a recent decision 

 of the Supreme court of Mississippi as 

 follows: 



" 'A sale of seed by name raises an 

 implied warranty that it is true to name; 

 and the fact that the buyer inspected 

 the seed before purchasing is imma- 

 terial, when its character cannot ordi- 

 narily be ascertained by any reasonable 

 inspection.' Graf ton-Stamps Drug Co. 

 vs. Williams, 105 Miss. 296, 62 South. 

 273. 



"There seems to be a contrariety of 



