24 



The Florists^ Review 



May 22, 1919. 



id^tion and ^^ 



ILe5^ Decision 



oabbie:b is bxtyes's aqent. 



A Case of General Interest. 



A decision of practical importance to 

 both shippers and buyers of flowers, 

 nursery stock and seeds, and particular- 

 ly to the Texas trade, was announced 

 recently in the case of Schnoutze vs. 

 Texas Seed & Floral Co., 209 South- 

 western Eeporter, 495. 



The plaintiff sued to recover damages 

 on the ground that he-.<^ontracted to buy 

 a quantity of broom corn seed from de- 

 fendant and that the defendant sent 

 cane seed instead, the difference not be- 

 ing discovered until the crop was grow- 

 ing. He declares that he lost $3,000 in 

 consequence. 



The suit was brought in Kaufman 

 county, Tex., the county in which the 

 plaintiff resides, although the defend- 

 ant's place of business was in Dallas 

 county. Under the statutes of Texas, 

 it was undisputed that the plaintiff's 

 right to bring the suit in his home coun- 

 ty depended upon the contract being so 

 interpreted as to provide for delivery 

 there. Otherwise, the defendant com- 

 pany should have been sued in its own 

 county. 



Delivery Point Important. 



Therefore, it became important to de- 

 termine where the contract called for 

 delivery. Since the place for delivery 

 would also be important in a contro- 

 versy concerning liability, as between 

 buyer and seller, for any loss or injury 

 to the goods in transit, in any state, 

 this question becomes one of general 

 interest. 



It appears that it was mutually agreed 

 that the seed should be shipped by ex- 



Sress, C. O. D., to the plaintiff from 

 lallas to his place of residence. This 

 was done and the court holds that de- 

 livery was accomplished when the seed 

 company shipped the goods at Dallas, 

 and that, therefore, the Texas statutes 

 entitled the company to be sued in that 

 county. Quoting from a standard legal 

 work, the Texas Court of Civil Appeals 

 said: 



High Court's Decision. 



"Ordinarily a delivery of goods by 

 the seller to the carrier, designated by 

 the purchaser, or to one usually em- 

 ployed in the transportation of goods 

 from the place of the seller to that of 

 the purchaser, is a delivery to the pur- 

 chaser, the carrier becoming the agent 

 of the buyer," 35 Cyc. 193. 



"There is a conflict in the authori- 

 ties as to whether the rule stated ap- 

 plies where the delivery to the carrier 

 was for carriage, C. O. D., to the pur- 

 chaser, as it was in this case," adds the 

 Texas court. 



"In some cases it has been held that 

 the property remains in the seller until 

 pajTnent has been made by the buyer, 

 the carrier being considered the agent 

 of the seller; but in other cases it is 

 held that where the shipment is C. O. 

 D., the carrier is the agent of the buyer 



for the purpose of transportation, and 

 of the seller for the purpose of collec- 

 tion, and unless a contrary intention ap- 

 pears, the property in the goods passes 

 upon their delivery to the carrier, al- 

 though the buyer is not entitled to the 

 possession until payment is made." 35 

 Cyc. 335. 



All Shipments Same. 



The Texas court follows what is ap- 

 parently the prevailing view of the 

 highest courts of the various states, by 

 holding that the mere fact that a ship- 

 per sends goods C. O. D. does not alter 

 the rule that title is presumed to pass 

 from the shipper when goods are shipped 

 in the absence of provision to the 

 contrary. 



Under straight billing to the buyer by 

 express or freight, the carrier is pre- 

 sumed to become his agent, in the ab- 

 sence of other agreement, and the fact 

 that, merely to secure collection of the 



price, the C. O. D. plan is used, is not 

 to be regarded as changing the legal 

 effect of the shipment as amounting to 

 delivery to the buyer, excepting for the 

 limited purpose of enforcing payment. 

 S. 



BOOKS ON ORCHIDS. 



Please give me the name of a book 

 on the cultivation of orchids. 



F. C. B.— Fla. 



There are a number of books on or- 

 chids and their culture which the Be- 

 view can secure for you. Among these 

 are: Culture of Greenhouse Orchids, by 

 Frederick Boyce, $3.50; The Book of 

 Orchids, by W. H. White, $1.25; Orchida 

 and Their Cultivation, by James 

 O'Brien, $1.25; Orchids, Their Culture 

 and Management, by "W. Watson, $10; 

 The Orchid Growers' Manual, by B. S. 

 Williams, $10. C. W. 



Walton, N. Y.— The Neal Floral Qo. 

 is successor to the Tripp Greenhouse 

 Co. Mr. Tripp, who has been sojourn- 

 ing in Florida for a brief season, is on 

 his way home and will assist during 

 the rush periods, which, from the Easter 

 and previous business, promise to beat 

 all records. A grand lot of bedding 

 plants was noted. 



a>CN LCTm^>^ READEDB 



BEST IJSTTEBINa PIJ^NTS. 



Having noticed various requests for 

 suggestions as to the best plants to use 

 for lettering, I offer my experience. 

 Undoubtedly alternantheras are the best 

 plants to use. They are compact, need 

 little trimming and grow just the right 

 height. In one of our beds planted at 

 Lakewood Farm, Holland, Mich., for 

 the summer of 1918, the letters are four 

 feet high and three feet wide, with the 

 exception of the "L" and "F," be- 

 ginning respectively "LaS^iwood" and 

 "Farm." These two lettersNxtend one 

 foot above and one foot belowS;he other 

 letters. There is a space of one foot 

 between each letter and one of three 

 feet between the words. 



In preparing the bed for planting, 

 it is raked level and double lines are 

 drawn by means of a pointed stick, 

 guided by a straight-edged board. These 

 lines form the edges of the letters. We 

 planted Alternanthera aurea nana in 

 these lines in last summer's bed and 

 between the lines we planted A. bril- 

 liantissima. This gave three rows of 

 plants, in two colors. 



The plants should be spaced about 

 three inches apart. As a filler between 

 the plants, santolina may be used. This, 

 with an occasional trimming, does not 

 outgrow the alternantheras. These 

 three varieties of plants make a good 

 combination. 



Last summer's bed was edged with 

 sweet alyssum, but Legion of Honor 

 marigold could be used to better ad- 

 vantage. Small plants should be used 

 when planting and should all be from 

 one propagation. Alfred H. Brown. 



ABE FLORISTS ENTEBPBISINa? 



Who will argue that the last eighteea 

 months have not been months of various 

 experiences, from times of depression to 

 periods of extreme pressure, when it 

 was difficult to get the work donef 

 How well obstacles have been overcome 

 you well know. The florists have all 

 been put to the test and have not been 

 found wanting. 



Out of all this the thing that has 

 stirred the florists generally throughout 

 the land is our progress in the field of 

 publicity. Many who were slow in tak- 

 ing up advertising to help them in the 

 selling field have now learned to profit 

 by its application to their business; 

 many have not yet learned the impor- 

 tance of it as a means to accelerate the 

 momentum which the national publicity 

 campaign is giving to the business gen- 

 erally. 



"A word to the wise is sufficient," 

 but the man who has not accepted our 

 slogan, "Say It with Flowers," as part 

 of his stock in trade, is missing a good 

 trick that should not be overlooked. 



The florists who are taking part in 

 our publicity work are getting results 

 commensurate with what they do or 

 give and, if a florist is enterprising 

 enough to succeed without the use of 

 publicity, how much better might be 

 his success with it? This question must 

 be left for him to answer. 



The work mapped out by the publicity 

 committees will mean greater progress 

 for all in the trade. Will you assist 

 in this effort and help yourself thereby! 

 Your answer will be your contribution. 

 Do it now. Henry Penn. 



