72 



The Florists^ Review 



Januabx 30. 1919. 



and an uptown retail store. "The 

 warehouse is being equipped at once to 

 take care of the garden-seed and small- 

 field-seed business," writes Manager 

 Otto S. Bofinger. ' * An entire new stock 

 is being shipped there from Lawrence 

 and we expect that this department will 

 be ready for business soon. Carload 

 and heavy field-seed business will be 

 handled for a while from the grain ele- 

 vator. 



"We have large stocks at Lawrence, 

 80 that we can supply our Oklahoma 

 City store with entire new stocks with- 

 out delay. All seed stocks in the burned 

 warehouse were totally destroyed. 



"Unfortunately the entire mailing 

 list, both wholesale and retail, was lost. 

 Therefore it is necessary that our cus- 

 tomers write for price lists. Whole- 

 sale price lists and retail catalogues 

 were not burned." 



RECOVERY UNDER CONTRACfT. 



Provisions of Agreement. 



In the recent case of Masters vs. Bur- 

 rell, 176 Pacific Eeporter, 316, decided 

 by the Colorado Supreme court, it ap- 

 peared that the plaintiff contracted to 

 grow five acres of Long White Spine 

 cucumbers and deliver the seed to be 

 cleaned therefrom to the defendant, 

 who agreed to pay 20 cents a pound 

 therefor. The defendant furnished 

 the stock seed and reserved the right 

 to reject the crop, should he find it to 

 be unfit for seedsmen's use. On ma- 

 turity of the crop and delivery of the 

 seed, the defendant resisted liability 

 for the agreed price on a ground indi- 

 cated in the following extract from an 

 opinion handed down by the Supreme 

 court, affirming a decision in the plain- 

 tiff's favor: 



"The defendant further contends 

 'that, as a matter of law, the plaintiff 

 was not entitled to recover.' To sup- 

 port this contention, counsel quotes that 

 portion of the contract which provides 

 that the defendant 'may refuse to ac- 

 cept the crop' if, in his judgment, the 

 same is in any respect 'unfit for seeds- 

 men's use,' and also quotes from the 

 contract the following clause: 



* ' ' No payment is to be made for any 

 seed which you (meaning the defend- 

 ant) do not consider sufficiently pure, 

 clean and dry for seedsmen's use.' 

 Circumstances Alter Cases. 



"After discussing the validity and 

 ' effect of such provisions, counsel next 

 states that the evidence in this case 

 shows that the defendant notified the 

 plaintiff that the seeds were unfit for 

 seedsmen's use and that he would not 

 accept them. 



"From the foregoing situation the 

 defendant draws the conclusion that 

 he had the right to refuse to accept and 

 pay for the seed delivered. The con- 

 clusion, however, is not warranted by 

 the pleadings and the evidence in this 

 case. The contract provided that th6 

 plaintiff was to grow the seed from 

 'stock seed to be furnished' by the de- 

 fendant. The plaintiff's reply, while 

 admitting that the plaintiff failed to de- 

 liver pure and unmixed seed, also al- 

 leged, in effect, that the plaintiff's non- 

 compliance with the contract as to the 

 character of the seed to be furnished 

 by him was due to the fact that de- 

 fendant furnished impure and mixed 

 stock seed for planting. The plaintiff 

 introduced evidence to support this al- 

 legation, the jury found such evidence 



