108 



The Florists^ Review 



Fbbboabt 26, 1920 



BUY BOOTHS BULBS 



Boot's Bulbs, Dutch and French, bring best business to buyers. Book 'Bout 

 Boot's Bulbs being mailed to all who ask for it. Write for yours today. 



Specialists in growing Single Narcissi, Bicolor, Victoria. 



BOOT & CO., Voorhout, Holland 



Address care G. W. HAMPTON CO., 17 Battery Place, New York, N. Y. 



Mention The Review when you write. 



goods are shipped by the seller as soon 

 as the seller ships them under a straight 

 bill of lading in which the buyer is 

 named as consignee. 



But, even where title passes to the 

 buyer under such bill of lading, he is en- 

 titled to an opportunity for reasonable 

 inspection of the shipment on its actual 

 arrival. And if it proves to be inferior 

 to what he has bargained for, he may 

 reject delivery without becoming liable 

 for the purchase price. Furthermore, in 

 such case he is entitled to sue for dam- 

 ages, measured by the difference be- 

 tween the contract price of the goods 

 and their higher market value at the 

 time and place agreed upon for delivery, 

 in addition to recovering any money 

 paid down on the purchase price. (Eich- 

 ardson vs. Woodruff & Sons, 100 South- 

 eastern Reporter, 173.) 



The Goods Had Been Accepted. 



But a decision of the California Dis- 

 trict Court of Appeal, in the case of 

 American Steel Pipe & Tank Co. vs. 

 Hubbard (183 Pacific Reporter, 830), 

 shows that a buyer's acceptance of 

 goods may preclude him from asserting 

 a misrepresentation by the salesman as 

 to the character of goods to be deliv- 

 ered. 



In this case plaintiff sued to recover 

 the price of a lot of oil orchard heaters 

 sold to defendant. The defense was that 

 the heaters did not come up to the 

 standard of a sample exhibited to her at 

 the time she gave the salesman an order. 



The court finds that the evidence 

 failed to establish this defense, but adds 

 that, in any event, defendant could not 

 assert any difference between the sam- 

 ple and the heaters delivered, because 

 she accepted delivery and distributed 

 them throughout her orchards after full 

 opportunity for inspection. The court 

 says: 



"While the court, in our opinion, 

 upon sufficient evidence, found the 

 goods were of the class and kind pur- 

 chased by defendant, nevertheless, hav- 

 ing opportunity to inspect the same, 

 even were they different from those con- 

 tracted for, she, by accepting and using 

 them, must be deemed to have waived 

 any objection on account of the heaters 

 being otherwise than as represented by 

 the seller." 



Limits of Warranty. 



Another point on which defendant 

 was defeated in this suit relates to the 

 question of warranty. She claimed that 

 there was a breach of an implied war- 

 ranty that the heaters were so con- 

 structed that water would not leak into 

 them during rain storms. The contract 

 of sale contained no reference to the 

 quality of the heaters in this respect, 



TROMP BROS. 



SUCCESSORS TO QERRIT SKQERS 



WHOLESALE BULB GROWERS 



LISSE. HOLLAND 



11 



NONE BUT THE BEST" M- 



>-vt, . 



FRENCH BULBS 

 CATALOaUE ON APPLICATION 



REPRESENTATIVE, Q. jgn^DUIN 

 lis BROAD STREET. NEW.yORK CITY 



m 



WAIT FOR 



KELWAY'S 



SEED CATALOGUE FOR 1920 



BEFORE PLACING YOUR ORDER. 



The most favorable prices of the year. 

 If not received, wire or write. 



KELWAY & SON, sJ?^:::^ 



Langport, England 



Mwitlaa Tbm B«t1«w w>»b job mltm. 



Watkins & Simpson, Ltd. 



Have mailed their new illustrated catalogue of Gar- 

 den and Flower Seeds to all their customers in the 

 United States. Should any of them not receive a 

 copy, they are requested to kindly notify the fact to 



27-29 Drury Lane LONDON, W. C. 2, England 



Ifentloft Tk* B*t1«w wk«a jon write. 



P. Vos & Son 



Mt. Clemens, Mich. GLADIOLI 



Growers of 

 New and Choice 



Mention The BeTlew when you write. 



WHOLESALE 



1 



Drevoiiy Tegelaar&Co. 



mioletale 



French Bulb Growers 



1 1 33 Broadway, Cor. 26di SL. NEW YORK 



Mention The BeTtow when yon write. 



Seed Packets 



FLOWER SBBD SIZES TO CATALOQUB 

 ENVELOPES-RETURN ENVELOPES 



Brown Ba{ Filliiit Htchine Ci. 



PITCHBURQ. MASS.. U. S. A. 



