Fbbbuabx 26, 1920 



The Florists'' Review 



27 



islation ^nd 



Le^ol Decision 



SEIZUBE OF FUEL. 



Bight of Kallroads. 



An opinion of the United States Dii- 

 trict court for the southern district of 

 Ohio defines the right of a railway com- 

 pany to seize coal shipments, as against 

 a third person to whom the shipper in- 

 tended to make delivery. The decision 

 answers questions concerning the right 

 of a coal consumer to redress against a 

 railway company which has intercepted 

 fuel consigned to the former. 



In the Ohio case, Springfield Light, 

 Heat & Power Co. vs. Norfolk & West- 

 ern Railway Co., 260 Federal Reporter, 

 254, it is decided that where a railway 

 company accepts a shipment of coal de- 

 signed for delivery to the shipper's cus- 

 tomer, the company cannot seize the 

 coal without becoming liable for dam- 

 ages for wrongful conversion. 



But it is held that where a shipping 

 coal operator is in default under a con- 

 tract to furnish the railway company's 

 fuel requirements, the company may re- 

 fuse to accept for transportation coal 

 loaded on its cars for delivery to the 

 company's intended customer and re- 

 tain the fuel for application on its con- 

 tract with the operator. 



S. 



CARE IN WORDINO CONTRACTS. 



"How Forcible Are Right Words!" 



One of the targets at which writers 

 have often shot their arrows is the be- 

 fogging use of words. The Bible de- 

 clares that "he that hath knowledge 

 spareth his words," and Shakespeare 

 has commended "men of few words" 

 as "the best men." 



It is peculiarly fitting that brevity be 

 used in business contracts, but there is a 

 general tendency to too much brevity. 

 It should not be forgotten that little 

 harm can result from prolixity in the 

 wording of an agreement, whereas brev- 

 ity carried to the extent of omitting 

 some material condition may prove eco- 

 nomy in ink at the expense of much 

 money. "A word spoken in due season, 

 how good it is! " 



A practical example of what may be 

 expected where important business con- 

 tracts are made without a full state- 

 ment of all incidental terms and condi- 

 tions is to be found in a case recently 

 before the Iowa Supreme court. In this 

 case, suit was brought to recover the 

 purchase price of certain goods sold by 

 plaintiff to defendant, although the only 

 real disagreement between the parties 

 concerned the question as to whether 

 the defendant buyer was entitled to de- 

 duct from the price an amount paid by 

 him to cover freight charges. 



Who Shall Pay the Freight? 



The litigation was made possible by 

 the failure of the parties to state in their 

 contract anything indicating their un- 

 derstanding as to where delivery of the 

 goods was to be made or as to who 

 should bear the expense of transporta- 



tion. The controversy would have been 

 avoided, in all probability, had the con- 

 tract borne the simple words, "f. o. b. 



," naming either the shipping 



point or the destination. 



In the absence of any expressed agree- 

 ment, the defendant relied on a claimed 

 custom in the particular trade under 

 which he was entitled to be reimbursed 

 for the freight charges, and the Supreme 

 court sustains him in this position, say- 

 ing: 



' * A party dealing in a trade market is 

 presumed to know all customs of that 

 market bearing upon the transactions in 

 question. Parties who are engaged in a 

 particular trade or business or accus- 

 tomed to deal with those engaged in a 

 particular business may be presumed to 

 have knowledge of the uniform course 

 of that business, and one party may be 



bound thereby though ignorant, unless 

 it appear that the other party knew he 

 was ignorant." 



A Ooieral Law and a Trade Custom. 



In this case the seller argued that the 

 case should be governed by the general 

 rule of law that where nothing is said 

 as to where delivery is to be made to a 

 buyer of goods shipped to him, delivery 

 to the carrying railway company is a 

 constructive delivery to him, especially 

 where he has given routing instructions. 

 The court recognized the soundness of 

 this rule, but held that "while for some 

 purposes delivery to the designated car- 

 rier would become delivery to the buyer, 

 this is not so with reference to which 

 party is to pay freight. On that ques- 

 tion, a direction to deliver to a certain 

 carrier for shipment is not conclusive 

 against the buyer." In other words, a 

 mutual intention that delivery should 

 be made to the buyer at the place of 

 shipping, merely inferred from failure 

 to require the seller to deliver at the 

 destination, will not outweigh a proven 

 trade custom under which the buyer is 

 entitled to be reimbursed for freight 

 paid where nothing has been said as to 

 who would pay such charges. S. 



"SAY IT WITH FLOWEES." 



Your neighbors have pot a brand-new boy — 



Ab -nelcome as April showers. 

 You want to wish them lota of Joy; 



So "3ay It with Flowers." 



Perhapa upon St. Valentine's day, 



To that dear girl of oura, 

 There's something sweet we wish to say. 



We'll "Say It with Flowers." 



On Christmas and the glad New Year, 

 When perhaps the storm cloud lowers. 



We want to send our friends good cheer. 

 We'll "Say It with Flowers." 



When sickness comes, as It surely will. 



With long and dreary hours. 

 You want to cheer the friend who's 111; 



Just "Say It with Flowers." 



When death has called away a friend — 

 God's ways are not like ours — 



We would our sympathy extend; 

 We'll "Say It with Flowers." 



J. Wesley Patterson. 



"SAT IT WITH FLOWEBS." 



"Say It with Flowers" In the gladsome spring, 

 When youth is gay and the birds first sing. 

 "Say It with Flowers." 

 Tulips with their colors bright 

 And daffodils will give delight. 

 Then pheasant's eye, freesias and hyacinths, too, 

 Of the many that help are a chosen few, 

 To "Say It with Flowers." 



"Say It with Flowers" in summer's hot days; 

 Bemember those whom illness dismays. 

 "Say It with Flowers." 

 Fill the bare rooms 

 Of the sick ones with blooms. 

 Make gardens Inside as well as outdoors; 

 Whether It rains or whether It pours, 

 "Say It with Flowers." 



"Say It with Flowers" In the chill autnmn. 

 The season that brings the chrysanthemum; 

 "Say It with Flowers." 

 If grateful and glad, 

 Or even If sad. 

 Yon surely will find flowers ready to tell 

 What In no other way could be said quite so well. 

 "Say It with Flowers." 



"Say It with Flowers" in winter's gay season, 

 When social affairs make demand beyond reason. 

 "Say It with Flowers." 

 When Nature's asleep, 

 Then men's efforts keep 

 The world supplied with beautiful roses. 

 With violets, carnations and other sweet poilei. 

 "Say It with Flowers." 



H. HUl. 



^WW^rfl»Wytl» ^W^I»:^«l»?ytltWtE 



"SAT IT WITH FLOWEES." 



"Say It with Flowers" — ^what a beautlXul 



thought! 

 From a wonderful truth this term was wrought. 

 No other message so fitting and grand 

 As a bunch of flowers from a tender hand. 



When the world seems dark and cold and blue. 

 When you are lonely, with nothing to do, 

 'When you're In sorrow, pain and grief. 

 Just a bouquet of flowers will bring relief. 



Hearts that are hardened, calloused and sour 

 Quickly will soften at the sight of a flower. 

 No other tribute is so fltting and brave 

 As a wreath of flowers for a dear friend's grave. 



Flowers are in style every day of the year; 

 They drive away sadness, bring comfort and 



cheer. 

 Flowers are the great Inspiration today 

 To help struggling mortals upon their hard way. 



Send flowers to the prison or the sick one's 



room; 

 They spread rays of sunshine through darkness 



and gloom. 

 No other token such a welcome will meet 

 As a bunch of gay flowers, all pretty and sweet. 



It's flowers which we love so well in the spring; 

 They make our hearts glad and inspire us to sing. 

 There's no happier place to spend many hours 

 Than In a fine garden of beautiful flowers. 



It is flowers about which the poets preach. 

 For which mortals yearn and angels reach. 

 It's the flowers along life's dreary way 

 That make life worth living from day to day. 



Flowers lend a touch of love's warm glow 

 To all things held dear in this life below. 

 From the shores of the sea to the high monntain 



stream. 

 The splendor of flowers stands out supreme. 



The Creator's head would bow down in shame. 

 If the name of tlie flower we should ever defame. 

 For the emblem of all truth, love and power 

 Is surely the fragrant and beautiful flower. 



Flowers are flrst welcome when on life we start, 

 Thegreat token of grief when from it we part. 

 Much happier would be this old world of ours 

 If all who would speak would "Say It with 

 Flowers." 



Frank Crofton Morgan. 



