h: 



74 



The Florists' 



Fbbbdabt 18, 1919. 



opinion as to whether or not a sale 

 of seed imports a warranty of quality, 

 but there is little difference of opinion 

 as to warranty as to the kind of the 

 seed. Under the law as stated, the in- 

 structions of the court were more favor- 

 able to appellant than he was entitled 

 to. There was no prejudicial error in 

 that respect. 



"It is unnecessary to discuss the other 

 instructions, for the ruling of the court 

 in the giving of the instructions and 

 in refusing those requested by appellant 

 did no violence to the rule of law just 

 stated. 



"The measure of damages stated in 

 instruction No. 4 was correct, and the 

 testimony was sufficient to sustain the 

 amount of damages allowed by the jury 

 according to the law thus stated. 



"It is also contended that there could 

 » be no recovery by the copartnership 

 composed of appellees for the reason 

 that the purchase of the seed was made 

 by Neil, one of the copartners. It is 

 sufficient answer, however, to this con- 

 tention to say that the testimony shows 

 that Neil purchased the seed in his own 

 name for the firm. Privity of contract 

 between appellant and the copartner- 

 ship was thus established, and appellees 

 are entitled to recover for the breach of 

 warranty. 



Custom Cannot Change Law. 



"Finall}', it is contended that the 

 court erred in refusing to permit appel- 

 lant to prove by a certain witness that 

 it was the custom among retail dealers 

 in Rogers not to warrant the quality 

 or condition of seeds that they sold. 

 There are several answers to the con- 

 tention that this ruling constituted prej- 

 udicial error. In the first place, the al- 

 leged warranty does not relate to the 

 quality or condition of the seed sold, and 

 therefore the custom sought to be proved 

 has no reference to the subject under 

 investigation. In the next place, it is 

 not shown what the answer of the wit- 

 ness would have been to the question 

 excluded. Therefore it does not appear 

 that appellant was prejudiced by the 

 refusal of the court to allow the wit- 

 ness to answer. In addition to that, 

 it can be said that a mere custom of 

 merchants in that vicinity not to war- 

 rant seeds could not change the law 

 with reference to a contract concerning 

 a particular sale. ' ' S. 



MOTT-LY OLEAinNOS. 



A report from Washington showing 

 how the bulb and seed growing industry 

 haa flourished in Denmark during the 

 war period, partly because of the diffi- 

 culty of obtaining importations from 

 Holland, mentions the Daehnfeldt Co., 

 seed growers, of Odense, as having made 

 a profit in its last fiscal year of ninety 

 per cent on a capital stock of $643,000. 

 "And it is not at all surprising," ob- 

 served James O. Rignel, of the James 

 O. Rignel Co., Inc., Lockport, N. Y., 

 "when we consider cabbage Danish 

 Ball Head is retailing at $15 per pound, 

 which price we must ask to come out 

 ahead, though we buy direct and in large 

 quantity." W. M. 



CATALOGFUES BECEIVED. 



Turner Bros., Bladpn. NPb.— IllustratPd 12- 

 page catalogup of such outdoor equipments as 

 celery bleaohers. tree protet'tors. irrigating ap- 

 paratus, plant setters and "glass cloth plant 

 forcers"; .-ilsu vt-getaWe seeds and clay pots. 



urpees 

 oeeds 



Bedding plants ^^ ▼ 



and flowers to ■ ^^ iJ^^^^^^V A V 



beautify the homes ^^ ^^T ^^^fl B ^^M^J 



and gardens of the ^^^^^^Hj ^^L' ^^^^^ ^V^V 



American public 



will be in greater demand this spring than ever before. 



Every wide-awake florist should now be making preparation to make good 



on the shortage that is going to be so noticeable this spring. 



Bedding plants of every variety are going to be scarce. This scarcity is largely due to 

 the lack of help and the fuel shortage. There are, however, a great many varieties that can 

 be easily grown from seed sown now, and this will help to make up the sbortage of 

 Geraniums and other p >pular bedding plants. 



The most suitable varieties to grow from seeds and those which always do well in 

 American gardens are: Ageratum, Alyssum, Asters, Begonias, Celosia, Centaurea, Cioleus, 

 Petunia, Salvia, Verbena, Vinca and Zinnia. 



The House of Burpee is famous for its superior strains of flower seeds. The stocks of 

 some of the varieties mentioned are short. Consequently, we advise ordering early. 



Choice Florists* Flower Seeds for Present Sowing 



ageratum:. Tom Thumb, Blue. 

 AOKRATUM. Tom Thumb, White. 



Admirably adapted for bedding, blooming freely until frost. 

 ALYH8CBI. Little Uem. Lilac Queen. Sweet Alyssum. 

 ANTKR^. All the best new and standard varieties. See catalogue. 

 BEGuNIAs for bedding. 



Seed sown now will make perfect plants for spring sales. , 

 Dachess of Jj^inbargh. White edged rose. 

 Urautlifl Alba. Pure white. 

 Prima Donna. Coral pink. 

 Vernon. Deep red. 

 Vulcan. Fiery scarlet. 

 CALENDULA. 



Burpee's Improved Stralnsare unexcelled. Theflowersare all fully double and ofgreat sise. 

 Lemon Qaeen. The best lemon . 

 Orange King* The best orange. 

 CELOSIA. 



Our rordhook Strain of the plumed Celoslu Magnificent Is, we believe, the finest Id the 

 country. 

 Carmine. RlchcarmineK^^lm8on. 

 Golden Yellow. Klch Yellow. 

 OranKe-K«d. Reddlsh^orange. 

 Re>*d(8h-Plnm. Warm plum. 

 All color* Mixed. 

 CENTAUKKA. 



The following are foliage varieties or Dusty Millers. 

 randidtsnima. Silvery-white foliage. 

 6i mnocarpa. Finely cut silvery leaves. 

 MIGMONEITE. 



This favorite has been a Burpee Specialty for many years. 

 The following are the varieties we offer. 

 Goliath. Massive spikes, coppery- red florets. 

 Mache*. lArge florets of gray color. 

 Giant Boaqaet. Fine for cutting. 

 Common Sw««t. 

 PETUNIA. 



The American bedding plant par excellence. 

 Balcony White. The best white bedder. 

 Balcouy Bine. The best blue. 

 Balcony Roue. The beet rose colored. 

 Burpee's Defiance. The largest of all ruflled Petuolas. 

 Gtante of California. Our own growing. 

 STOCKS. Ten Weeks. 



The indispensable "bedder" for cool sections. 



Largest Flowering Globe Pyramidal in th« following separate colors: 

 Crimson. Rose. Dark Blue. Pare White, Light Blue, (iolden Chamois, Salmon 

 Rose. Canary Yellow, Darkest Crluison, Lilac Rose. 

 VINCA. 



The Madagascar Periwinkle Is excellent for pots or bedding. 

 Roaea. Rosea Albs and Alba Pura. 

 C HR Y8ANTH K9I VM. 



Burpee's Fordhook Strain of I<:arly-flowerlng Single Perennial varieties. Sown du ring spring, 

 the .plants will bloom from August until frost. Excellent for cutting. 

 BURPEE'S SW^EET PKAs are known the world over. 

 Sow now for Decoration Day. 

 Bnrpee's Rarly-f1»wering Mpencers. 



See catalogue for full list and description of varieties. 

 For All that Is Best In Vegetable and Flower Seeds, 



Write for Burpee's Annual, 



The leading American Seed Catalogue. 



Also ask for our Special Blue List of Wholesale Prices. 



"W^ Atlee Burpee Co., 



Seed Growers Philadelphia. 



