88 



The Florists' Review 



Fbbbcabt 27, lOlD. 



that in nearly every instance the non- 

 compliance has been innocent. 



A Minnesota Instance. 



By way of illustration, we cite the 

 Minnesota case of the Sherman Nursery 

 Co. vs. Aughenbaugh, 93 Minnesota Ee- 

 ports, 201. The plaintiff, an Iowa cor- 

 , poration, received an order through a 

 Minnesota salesman for a bill of trees 

 and shrubs to be delivered to the defend- 

 ant at a point in Minnesota. The order 

 was accepted, but the defendant re- 

 pudiated his contract long before per- 

 formance was due. In a suit brought 

 by the plaintiff for redress, one of the 

 defenses interposed successfully by the 

 defendant was that the plaintiff had 

 failed to comply with the statutory 

 prerequisites on which a foreign cor- 

 poration may do business in the state. 

 The plaintiff admitted that it had done 

 intrastate business in Minnesota with- 

 out a license from the secretary of state, 

 but sought to excuse this on the ground 

 that its business fell within an excep- 

 tion in the Minnesota statutes to the 

 effect that no license shall be required 

 of a foreign corporation organized for 

 the purpose of ' * cultivating and improv- 

 ing farms, garden or horticultural 

 lands," etc. 



Scope of Statute. 



Eeliance upon this contention was 

 grounded on the fact that the defend- 

 ant was incorporated for ' ' the purchase, 

 propagation, cultivation and sale of 

 nursery stock, including all kinds of 

 trees, plants, vines, shrubs and flowers, 

 and also for the purchase and sale of 

 tree and vegetable seeds; also for pur- 

 chasing, holding, renting, using, improv- 

 ing, leasing, selling or otherwise dis- 

 posing of any and all real estate such as 

 may be necessary or convenient in the 

 cultivating, handling, or storing of said 

 goods; also the renting, buying, build- 

 ing, leasing, selling or otherwise dis- 

 posing of all houses or other movable 

 property or apparatus necessary or con- 

 venient for carrying on said business; 

 also for contracting with other parties 

 to grow or dispose of said goods." But 

 the Minnesota Supreme court decided 

 that these corporate purposes were 

 plainly not comprehended by the ex- 

 ception of the statute, and that there- 

 fore the defendant fell within the gen- 

 eral provisions of the Minnesota law 

 which forbid a foreign corporation or- 

 ganized for pecuniary profit to maintain 

 an action in the state on an intrastate 

 contract where it has not obtained a 

 permit to do business in the state. 



S. 



FREE FOREST TREE SEEDLINGS. 



As a part of the reforestation plans 

 of Pennsylvania, a large supply of 

 forest tree seedlings will be offered for 

 free distribution this spring by the state 

 department of forestry, according to 

 Commissioner Robert S. Conklin. The 

 terms of the offer are that not less than 

 500 seedlings must be planted, that the 

 applicant must pay for the packing and 

 shipping of the stock and actually set 

 out the seedlings in Pennsylvania, 

 thus aiding in the work of replenishing 

 the forests of the state. 



The varieties to be distributed com- 

 prise 3-year-old seedlings of white pine, 

 red pine, Norway spruce, European 

 larch, arbor-vita', a limited number of 

 Japanese larch and white ash. 



It is stated by the forestry anthori- 



Ampelopsis Veitchii 



We have ten thousand very fine two-year plants of 

 this popular vine for sale. Good plants of it are 

 scarce this year. Prices promptly given by mail. 



J. T. LOVETT, Inc., little Silver, H. J. 



MeoUon Tbe Kevlew wben yon write. 



LILIES of FRANCE 



We have a surplus of a few varieties of 



IRIS 



on which we can make a very interesting quotation 

 for large lots, either in assortment or mixture. 



WAYSIDE GARDENS, Mentor, Ohio 



"BDDDLEI& HAGNIFICA" 



Is commonlv called the "'ButterBy Bush" and 

 "Sunimer Lilac." It bloonia ver.v profusely 

 from Julyuniil frost, laree racemes of fluwers 

 of a very pleasint: lavender shade. Have you ev»r iried it for cut flower purnn^e-? If not. try 

 it this season. It will Day you bifir. besides giving you a supply of Prirp t19 AA nor lAA 

 flowers during the period when tluwers are scirce. 1 live, ^lu.W fVl lUW 



Jackson & Perkins Co., Newark, New York 



^"^ ^^ **^ ^"^ We will be pleased to price your 



wants of Nursery Stock— send your list in. We grow a complete assortment, from 

 horse-radish roots to shade trees. Let us hear from you. 



SHENANDOAH NURSERIES, Shenandoah, Iowa 



WRITE NO V F R A COPY OF OUR 

 WHILES \l E TRADE LIST 



A. N. PIERSON 



INCORPORATED 



Growers of Plants, Cut Flowers, 

 Palms and Ferns 



CROMWELL. CONNECT ICUT. 



IRIS 



FOR SPRING PLANTING 



SEND FOK CATALOGUE 



PETERSON NURSERY 



30N. LhShIIh bt. CHlCAJiO. ILL. 



Hardy Old-fashioned Plants 



Oar Spacialtr 



Specially growD for Florists, Nursery- 

 men and Landscape Architects. Prices 

 OD request. 



WILLIAM TOOLE & SON 



Rarriy PImI ni Paaty Far* BARABOO, WIS. 



Mentio n Tlie Review when you write. 



tios tliat on account of the difTiculties 

 oxiioriencod, in tlic hist two years cs- 

 j)ec'ially, in obtaining forest tree seeds, 

 tlierc is likely to he a shortage in many 

 lines for several vears to come. 



PINUS MUGHO 



(Dwf. Mt.Piue) 



Inch Per 100 



4- 8 Bpdded Stock Itr $7 00 



6-li Kield Grown Stock 2 ir 15(0 



111-12 Field Grown Slock 2 tr 2().(iO 



12 1« P'leld Grown Stock 2 tr 2s.0o 



1 '<-24 Field-Grown Stock 2 tr 35.00 



Feet Per 10 



1 - 1^ Specimens B. & K. 3 tr $ 9.V) 



1^-2 Specimens B. & B. 3 ir 15.00 



TAXUS CANADENSIS 



(American Yew) 

 Inch Per 100 



6-15 Bedded Stock 1 tr $ 600 



10-12 Kiela-Giown Stock 2 tr 16.00 



Keet Per 10 



1 -li2 Specimens B & B. 3 tr $2" 00 



1*2-2 Specimens B. & B 3 tr 3ii.00 



Nice, thrifty, ai'climated American (rrown 

 stock. Send forccniplete Whulf salt) Price List. 



The D. Hill Nursery Co., Inc. 



Evergreen Specialists. 



Largest Growers In /merfca. 



Box 407 DUNDEE, ILL. 



Mention Tbe BeTlew wben you write. 



SEEDS AND SEEDLINGS 



Of Forest and Ornamental Trees. Buy now and 



store for early sprlnir plantinK. 

 Write ns for pHcfsaiid Mention The Review 



American Forestry Co., Pembine, Wis. 



Mention Tbe Review wben you write. 



