70 



The Florists^ Review 



NOTDMBIB 7, 1918. 



Dutch and French Bulbs 



Short Supply NOW READY Older at Once 



ALL SHIPMENTS BY EXPRESS TO AVOID DELAY 



HYACINTHS 



»■ Above 



HYACINTHS — iBt Size, Hamad Varieties 

 Per 100, $8.50; per 1000, $80.00 

 Albertina Orand Maltre 



Sitk Orandesee Xing' of the Blnea 



1^'Xnnocenoe Queen of the Blnea 



Mine. Van der Hoop Oarlbaldl 



Oertmde Cardinal Wiseman 



Oig^antea Boi des Beiges 



Xiady Derby 



HTACIHTHS — 2nd Sise, Same Varieties 

 Per 100, $6.50; per 1000, $60.00 



HYACXHTHS — Single Beddinff 

 Per 100, $4.00; per 1000, $36.00 

 Bine Bed and Boss 



X^ightBlne White Shades 



Bose Pure White 



DUTCH BOICAH HYACXHTHS 



Per 100, $3.50; per 1000, $30.00 

 Oertmde Grand Maitre 



Oig'antea Xing' of the Bines 



3^'Xnnocenoe Queen of the Blues 



ItA Orandesse 



DUTCH BOMAH HYACXHTHS, Separate Colors 

 Per 100, $3.00; per 1000, $27.00 



TULIPS and NARCISSI 



Write for Uat of varieties and prices. 



PBEHCH BUX^BS 



100 



Paper White Orandlflora, 13 otm., 1250 



to case. Select $2.30 



Paper White Orandlflora, 14 ctm., 1000 



to case. Mammoth 2.50 



Bomans, 11/12 ctm 4.00 



Bomans, 12 ctm. and up 5.00 



Bomans, 13 ctm. and up 6.00 



Trumpet Major, yellow 3.00 



Allium Heapolitanum, white 1.00 



Orand Soleil d'Or, 900 to case, yellow 



Paper White 5.00 



1000 

 $20.00 



23.00 

 35.00 

 45.00 

 56U>0 

 25.00 

 8.50 



45.00 



LILIUM CAMDIDDM 



18 to 20 otm $ 7.50 per 100 



20 to 22 ctm. 9.50 per 100 



24 to 26 otm 11.50 per 100 





PBXCES SUBJECT TO CHANOE WXTHOUT HOTXCE 



AMERICAN BULB CO. 



172 N. Wabash Ave. Phone Randolph 3316 CHICAGO 



Mention The Review when you write. 



the buyer baa the burden of proving the 

 extent, if any, to which the particular 

 seller's seed was responsible for the 

 condition of the entire shipment. 



And where seed is sold as being 

 "good" and "merchantable" there is 

 no such warranty by the seller of its 

 quality as survives the buyer's accept- 

 ance and payment for the same after in- 

 spection or opportunity for inspection. 



These two points of law were laid 

 down the other day by the Texas Court 

 of Civil Appeals in the case of Ferguson 

 vs. Johnson, 205 Southwestern Keporter, 

 612, in which suit plaintiff was defeated 

 on a claim for damages demanded on the 

 ground that defendant had failed to 

 deliver good, merchantable millet seed 

 under a contract of sale. 



The first ruling turned upon the fact 

 that plaintiff offered evidence tending 

 to show that there was a considerable 

 quantity of trash and foreign matter 

 in the car, but that the evidence afford- 

 ed no basis for determining to what ex- 

 tent, if any, defendant's seed was re- 

 sponsible for this condition. 



Accepted Without Inspection. 

 On the second point, the court said: 

 "Ferguson accepted and paid for the 

 seed without inspection, though the evi- 

 dence is sufficient to warrant the con- 

 clusion that he had a fair opportunity 

 of inspection. No claim of failure of the 

 seed to meet the quality provided for 

 in the contract was made until some 

 time afterward, when it was reported 



ICHELL'8 RELIABLE BULBS 



Read this and place your order now 



There will be a decided shortage of Dutch stock, and prac- 

 tically no lilies of any kind, hence 



Hyacinths, Tulips, Narcissi, etc. 



must make up the balance. Dutch stock requires very little 

 heat or greenhouse space until shortly before selling time, so 

 don't lei coal prices or scarcity worry you. 



Send for WholeHale Price List of KoII>h, Seeds and 

 Supplieft, if you haven't a Copy. 



HENRY F. MICHELL CO., 518 Market street, PHILADELPHIA 



from Dallas, to which place the seed had 

 been shipped, that it was not of such 

 quality. The [trial] court, in this con- 

 nection, instructed the jury that the 

 plaintiff could not recover if it should be 

 found that at the time of the delivery of 

 the seed the plaintiff had a reasonable 

 and fair opportunity to inspect the same 

 before acceptance. The plaintiff com- 

 plains of this instruction, on the ground 

 that if his theory that the contract pro- 

 vided for the sale and delivery of good, 

 merchantable millet seed is correct, this 

 would constitute an express warranty 

 which would survive acceptance and a 

 breach of which would support recovery, 

 although the seed had been accepted 

 after inspection or a reasonable oppor- 

 tunity to inspect. We do not think this 

 description of the quality of the millet 



seed contracted to be sold is properly an 

 express warranty.* » • An express 

 warranty is collateral to the contract, 

 while a description of the quality of the 

 goods contracted to be sold 'is regard- 

 ed as a part of the contract of sale 

 itself, and not as a warranty or agree- 

 ment collateral to it.' Dutchess Co. vs. 

 Harding, 49 N. Y., 321. • ♦ • 



What Constitutes a Warranty? 



"The authorities agree that an ex- 

 press warranty, being collatejal to the 

 agreement, is not discharged by de- 

 livery and acceptance under the con- 

 tract, although such acceptance is 

 made after inspection. In such cases 

 the goods may be accepted and 

 suit brought for breach of the war- 

 ranty of quality. But there is much con- 



