104 



The Florists' Revkw 



Apbil 10, 1919. 



The bulk of the cargo of every steamer 

 from Holland consists of plants which 

 will be denied admission to the United 

 States after June 1. The Poeldijk ar- 

 rived at New York April 4 with the 

 manifest showing the following ship- 

 ments on board: 



Basket ImportlnK Co. ^-331 bdls mdse. 



Vandegrift, F. B., & Co. — 46 cs trees, shrubs 

 and plants. 



Kuypor, P. C, & Co.— 352 cs plants, shrubs, 

 etc., 47 do and bis do, 70 cs do. 



Richard, C. B., & Co.— 99 cs plants, etc., 

 60 do, 1,590 loose plants, 105 bskts plants. 



Maltus & Ware — 1,056 cs and bis trees, shrubs, 

 etc. 



Ouwerkerk, P. — 162 cs roses, etc. 



Hampton, J. W., Jr., & Co. — 181 cs seedlings, 

 etc., 13 do plants, 62 do garden bulbs, etc., 

 3 do. 



Wadley & Smythe — 64 cs plants, 50 do plants 

 and shrubs. 



Lang, R. F. — 109 cs shrubs, 53 do bulbs. 



Wakem & McLaughlin— 48 cs bulbs. 



The Nieuw Amsterdam is loading at 

 Rotterdam and will bring, on its next 

 trip, perhaps the largest cargo of nurs- 

 ery stock which ever crossed the At- 

 lantic. The big steamer left New York 

 March 26 for Plymouth, England, where 

 it arrived April 4 and was held two days 

 by the British authorities before being 

 allowed to proceed to Rotterdam. 



DEALER NOT LIABLE. 



Defective Ooods Case. 



The general rule of law that one who 

 markets a product is not liable for de- 

 fects in it, as far as a person with whom 

 he has no contractual relationship is 

 concerned, was applied by the Washing- 

 ton Supreme court in the recent case of 

 Kramer vs. Carbolineum Wood Preserv- 

 ing Co., 177 Pacific Reporter, 771. 



The defendant was general sales 

 agent in Washington and Oregon for a 

 secret process preparation to protect 

 fruit trees against the ravages of bor- 

 ers and the Portland Seed Co., dealers, 

 sold a quantity to the plaintiff. The 

 cans in which the substance was sold 

 were labeled: "Trunks of fruit trees 

 painted with Avenarius Carbolineum 

 will not be troubled with borers and will 

 become healthier." 



Declaring that application of the 

 preparation to trees in his prune or- 

 chard resulted in injury to the trees, the 

 plaintiff sued for $15,000 damages, but 

 was nonsuited, the court holding that 

 no right of action against the defendant 

 was shown. 



Evidence Deficient. 



"If we may assume," said the Su- 

 preme court, "that there was suflScient 

 evidence to go to the jury that the prep- 

 aration, which was purchased by plain- 

 tiff and used upon the prune orchard, 

 destroyed the trees, it is plain that this 

 respondent was not liable therefor. It 

 was not shown that the Avenarius Car- 

 bolineum which was purchased by the 

 plaintiff was sold by the defendant or 

 was ever in its possession. It is not 

 claimed by the plaintiff that it was pur- 

 chased from the defendant and it is con- 

 clusively shown that the defendant was 

 not the manufacturer and had no con- 

 nection with the manufacturers and did 

 not know the ingredients. The de- 

 fendant was simply an agent for the 

 sale of the preparation and so far as the 

 record shows, the Portland Seed Co., 

 from which the plaintiff purchased, was 

 likewise an agent. . . . 



"It has been accepted as a general 

 rule that a manufacturer is not liable to 

 any person, other than his immediate 

 vendee; that the action is necessarily 

 one upon an implied or express war- 



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to 

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Contract Seed (irowers 



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Mention The BeTlew when you write. • 



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Specialties: Beet, Carrot, Endive. Lettuce, 



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ranty, and that without privity of con- 

 tract, no suit can be maintained; that 

 each purchaser must resort to his imme- 

 diate vendor. To this rule, certain ex- 

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^ SEEDS 



Flower, Vegetable and farm 



Send Yoar Inqnfarloa to 



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 LONDON, ■ • ENGLAND 



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Where the thing causing the injury is of 

 a noxious or dangerous kind; (2) where 

 the defendant has been guilty of fraud 

 or deceit in passing off the article; (3) 

 where the defendant has been negligent 





