88 



The Florists' Review 



FlBBOABZ 13, 1918. 



ROOTED CARNATION CUTTINGS 



READY FOR IMMEDIATE DELIVERY 



Per 100 Per 1000 



GoodChcsr $3.60 $30.00 



Aviator 8.60 30.00 



Naii» A.. 8.60 30.00 



Mrs.C. W.Ward 3.60 30.00 



Whit* Wonder 4.00 35.00 



White Enchantress 3.60 30.00 



RoM-Plnk Enchantress 8.00 26.00 



Enchantress . . 

 Rosette 

 Albert Roper. 



Beacon 



Herald 



AUc* 



Thenanthos... 



Per 100 Per 1000 

 ...$4.00 $35.00 



3.50 

 3.00 

 3.60 

 3.00 

 2.60 

 2.50 



30.00 

 25.00 

 30.00 

 25.00 

 20.00 

 20.00 



PETER REINBERG 



30 E. Randolph St., 



PHONES: 



Ceatral 2848 isd 601 

 Greenhouses, Rivensweori 9825 



CHICAGO, ILL. 



place of shipment (and they are pre- 

 sumed to be so sold unless there is an 

 agreement to the contrary), it is too 

 late for the buyer to give notice of 

 repudiation of the contract after the 

 goods have been shipped. In such case 

 the title to the property already has 

 passed to him by delivery of the same 

 to the railway company, which is to be 

 regarded as the buyer's and not the 

 seller's agent for the purpose of trans- 

 porting them. 



A Typical Case. 



But a typical example of a case where 

 an aggrieved seller may fall down in 

 suing for the agreed price, instead of 

 for damages, is to be found in the case 

 of the Sherman Nursery Co. vs. Aughe- 

 baugh, 93 Minnesota Eeports, 201, de- 

 cided by the Minnesota Supreme court. 



Defendant contracted to buy a quan- 

 tity of nursery stock from plaintiff for 

 deUvery to him at his nearest railway 

 station the following spring, nearly one 

 year after the placing of the order. 

 Plaintiff delivered the stock at that 

 place, but defendant refused to accept 

 delivery or to pay for the goods and, 

 when sued for the price, he set up the 

 fact that about ten days after he placed 

 the order and before the plaintiff had 

 done anything toward execution of the 

 contract on its part, he countermanded 

 the order, and notified plaintiff that he 

 would not accept any stock. 



The plaintiff relied upon a provision 

 in the contract to the effect that the 

 order was not subject to countermand, 

 but the suit was determined against the 

 nursery company in both the trial court 

 and in the supreme court on appeal. 

 The latter court said: 



No Ground for Action. 



"It is true the case did not progress 

 far enough to determine whether the 

 defendant had a legal right to counter- 

 mand the order, but it stands admitted 

 that he attempted to do so, and refused 

 to permit the plaintiff to deliver the 

 goods; that is, he repudiated the con- 

 tract and the goods were never de- 

 livered. We have, then, a case where 

 the purchase price of goods is to be 

 paid on the delivery thereof, but the 

 buyer has repudiated the sale, and pre- 

 vented the seller from making delivery. 

 This brings the case within the well 

 settled rule that, except where the pur- 

 chase price of goods is payable irre- 

 spective of their delivery, if the buyer 

 repudiates the sale while it is executory 

 [unperformed], and prevents the seller 

 from performing on his part by making 

 delivery of the goods, the seller cannot 



Blooming Cyclamens 



Fine stock, full of blooms and buds, 35c, '50c and 75c each. 



Boston and Whitmanii Ferns, 4-inch 25c each 



Wanamaker Ferns, 4-inch 25c each 



Small Kentia Palms, 3 leaves, 6 inches high $15.00 per 100 



Dracaena Terminalis, 5 and 5^ -inch 50c and 7rc each 



Cinerarias, 5-inch and 6-inch plants at 50c, 75c and $1.00 each 



Asp. Plumosus, 3-inch $8.00 per 100 



Asp. Sprensreri, 3-inch 7.00 per 100 



Primula Obconica, well flowered, 4-inch and 5-inch .... 25c and 40c 



Vinca Varie^rata, strong, 4-inch from benches $12.50 per 100 



Packing, lOlh of invoice if in pots, 5^ if out of pots. 



See our offers in classified columns on Ageratum, Asparagus Plumosus and 

 Sprengeri, Coleus, Cuphea, Daisies and Ferns. 



GULLETT & SONS, 



Lincoln, Illinois 



KENTIAS 



Our stock is noted the country 

 over for its quality 



JOSEPH HEACOCK CO. 



WYNCOTE, PA. 



