44 



The Florists^ Review 



Januabx 2, 1919. 



Intent of Instrument VitaL 



"The question is: Did Bell, under 

 his contract with Gilbert, agree to 

 sell his labor, or did the product of his 

 labor constitute the subject-matter of 

 the contract? In other words, did Bell, 

 under the terms of that writing, obli- 

 gate himself to work as a laborer, in 

 accordance with stipulated rules and 

 restrictions, in the production for Gil- 

 bert and under the latter 's direction, of 

 a certain commodity, at a wage to be 

 determined by the amount of the out- 

 put produced and delivered; or must 

 the intent and purport of the writing 

 be taken as constituting an executory 

 contract for the sale of a commodity, 

 whereby Bell obligated himself to pro- 

 duce for himself, and then to sell and 

 deliver to Gilbert, a certain described 

 product of his labor? 



"It is plain that, by the explicit 

 terms of the instrument itself, the first 

 construction is declared to have been 

 the intent of the parties to the agree- 

 ment. Must the law set up a contrary 

 construction? * * * 



"In the instant case, a particular 

 stock of seed was furnished to Bell from 

 which he agreed to 'raise for and de- 

 liver to D. H. Gilbert' the increase 

 therefrom. The method and manner 

 of cultivation was prescribed by the 

 terms of the contract, under which Gil- 

 bert was given the right, either for 

 himself or through an agent, to 'at any 

 time enter the field and at his own 

 expense make such examinations, selec- 

 tions or rejections as he deems desir- 

 able for the betterment of the crop for 

 seed purposes, and he is not to pay for 

 any necessary damage, if any, to the 

 general crop, resulting from such work.' 

 Had this contract not been in writing, 

 but had Bell taken the seed thus fur- 

 nished him and faithfully complied with 

 the terms of the agreement as to how 

 the seed should be grown and prepared, 

 and had recognized all the rights and 

 privileges given Gilbert under the agree- 

 ment, could it be said that Bell could 

 not have enforced a compliance on the 

 part of Gilbert? We think that he 

 could have done so. That the product 

 of the culture in point of fact appears 

 to have had a value to at least one 

 person other than the seedsman for 

 wliom it was grown is shown bv the 

 actual sale to the defendant, and for 

 an increased price. However, this can- 

 not negative the fact that tlie commod- 

 ity was nevertheless of a 'peculiar 

 character,' and was not only a particu- 

 lar seed stock, grown for a jtarticular 

 person, but under certain particularly 

 prescribed stipulations and under Gil- 

 bert's right of direction; and since the 

 contract itself says that the secil was 

 to be raised for Gilbert, and that the 

 compensation provided for by the agree- 

 ment was for 'his services in the grow- 

 ing and delivering' of the seed, which 

 was 'to remain the property of Gil1)ort,' 

 we see no suflScient reason why a differ- 

 ent construction must be enforced as 

 a matter of law." S. 



OPEN WINTER IN CONNECTICUT. 



S. D. "Woodruff & Sons, of Orange, 

 Conn., report the most open winter in 

 the history of the weather bureau. 

 Plows are still going, with not a bit of 

 frost in the ground nor a bit of snow 

 on the ground, an unheard-of condition 

 at this date, December 26. Many acres 

 have been plowed in December and the 



MICHELL'S ctfo% FLOWER SEED 



VERBENAS Tr. Pkt. Oz. 

 Mammoth Fancy Blue $0.30 $1.25 



Mammoth Fancy Pink. 

 Mammoth Fancy Scarlet. 

 Mammoth Fancy Striped. 

 Mammoth Fancy White. . 

 Mammoth Fancy Mixed. . 



.30 

 .30 

 .30 

 .30 

 .30 



1.25 

 1.25 

 1.25 

 1.25 

 1.00 



THUNBERGIA 

 Mixed 



micheU's Verbena 



IS .60 



VINCA 



Alba 15 .60 



Alba Pura 15 .60 



Rosea 15 .60 



Mixed IS .60 



SALVIA 



America or Globe of Fire 50 5.00 



Scarlet Glow (Michell's) SO 3.0O 



Bonfire 40 2.50 



Zurich SO 4.00 



Splendens 25 1.50 



ASPARAGUS PLUMOSUS NANUS 

 Northern Greenhouae-grrown Seed 



1000 seeds $3,00 1 10,000 seeds $25.00 



5000 seeds 13.75 | 25,000 seeds 56.25 



ASPARAGUS SPRENGERI 



1000 seeds $0,75 1 10,000 seeds $5.50 



5000 seeds 3.00 | 25,000 seeds 12.50 



Special prices on larger quantities. 

 Also all other Seasonable Seeds 

 and supplies for the Florist. 

 Send for Our Handy Flower 

 Seed Order Sheet. 



HENRY F. MICHELL CO.. Sit Market Stmi, PHILADELPHIA 



Mention The Review when you write. 



EUlliilllllllllllilllllillllllllllilllllllllllllllllllllllllllllllllllllllilllllllllliililllllllllllllllli: 



GLADIOLI 



5 Home-grown stock, clean, healthy and true to name. 5 



E l^a-inch 5 

 = America $21.00 = 



Augusta 



Baron Hulot 



Brenchleyensis . . 

 Chicago While . . 

 Glory of Holland. 



Halley 



Mrs. F. King 



Niagara 



Panama 



Princeps 



Lily Lehman 



21.00 

 26.00 

 20.00 

 26.00 

 34.00 

 23.00 

 21.00 

 :^.«)0 

 29.00 

 26.00 

 30.00 



i St. Louis Seed Co. I 



I 411-413 Washington Ave., St. Louis, Mo. | 

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Mention The ReTJew when you write. 



