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118 



The Florists^ Review 



Mabch 11, 1020 



■'o have several model features which 

 may interest readers of The Eeview and 

 particularly those engaged in the seed 

 business, we quote it fully. Following 

 the date and address to the buyer, it 

 reads: 



"We book your order for the goods 

 named below to be shipped February 

 10, 1918, to Victoria, Tex., via H. & T. 

 C. and Southern Pacific R. E. Terms: 

 Draft B/L attached. Price basis being 

 C. A. F. [cost and freight] your sta- 

 tion: [Here follow quantities of goods 

 ordered and prices.] 



"We give no warranty, either ex- 

 pressed or implied, as to the purity, 

 productiveness, or any other matter of 

 any of the seeds we sell, nor will we be 

 in any way responsible for crops. If 

 the goods are not accepted on these con- 

 ditions, we are to have immediate no- 

 tice. 



"Our responsibility ceases when we 

 deliver goods to carrier in proper ship- 

 ping condition. [This is an important 

 provision, especially where goods are 

 shipped under an order bill of lading, 

 since it precludes any reasonable ground 

 for controversy as to whether the ship- 

 ping seller is liable, as to the buyer, for 

 any loss or damage to the goods in 

 transit.] Complaints of any kind must 

 be made immediately for shortage or 

 damage, and must be accompanied by 

 railroad expense biU bearing proper no- 

 tations. 



' ' On car lot sales, immediate ship- 

 ment means three days; quick, five 

 days; prompt, ten days — exclusive of 

 Sundays and legal holidays. 



' ' No agreement recognized which is 

 not plainly stipulated herein." 



Signature by each party appears at 

 the end of the instrument. 



Agent Has Authority. 



In this case the contract was signed 

 on the part of the defendant seed house 

 by C. F. Gribble and the position taken 

 by defendant is indicated in the follow- 

 ing excerpt from the opinion of the 

 Texas Court of Civil Appeals: 



"The first assignment is to the effect 

 that the court erred in holding that 

 C. F. Gribble had authority as agent 

 to enter into a binding contract for the 

 Bale of the grain at the prices named to 

 be delivered in February, 1918; and the 

 second, was that the date of delivery 

 was so remote as to put plaintiff on 

 notice that it had to be subject to con- 

 firmation and approval; and fifth, that 

 the contract was so unusual and out of 

 the ordinary as to put plaintiff upon 

 notice and charge it with such informa- 

 tion as a person of ordinary prudence 

 and care would have gained by making 

 inquiry as to authority of the agent; 

 eighth, in holding there was no custom 

 of the trade requiring sales of grain and 

 seed by traveling salesmen or brokers 

 to be accepted and confirmed before be- 

 coming a binding contract." 



The court proceeds to review the evi- 

 dence in the case, from which an infer- 

 ence is drawn that defendant company 

 had authorized its agent to make con- 

 tracts of this kind, despite the fact 

 that on receipt of the order at the de- 

 fendant's office a letter was sent to 

 plaintiff stating that defendant could 

 not confirm. 



Another point attempted to be made 

 by the attorneys for the defendant was 

 that, even if a binding contract had 

 been made through defendant's agent, 

 it was superseded by subspnuent neco- 



Our Offices and Warehouses at Llsse, Holland 



30; 



YEARS SUPPLYING 



THE BEST TRADE 



N AMERICA 



BULBS 



THE SAME OLD FIRM AT THE SAME OLD STAND 



M. VELDHUYZEN VAN ZANTEN & SONS 



-Established 1870 



New York Address: 

 Care R. F. LANG, 32 Broadway 



CATALOGUE FREE ON APPLICATION 



Lisse, Holland 



BULBS 



Holland 



BULBS 



R. A. VANDERSCHOOT 



Wholesale Bulb Grower 



HILLEGOM, HOLLAND 



/ 



Our Products Appeal To and Please the Critical 



BULBS 



299 BROADWAY 

 NEW YORK 



BULBS 



FINEST QUALITY 

 Lily of the Valley Pips 



READY FOR IMMEDIATE DELIVERY 



FOR PRICES WRITE 



VAN MEEUWEN & TEGELAAR 



1133 Broadway, cor. 26th St., NEW YORK 



Mwittea Tk» BstIsw when yn write. 



Let Me Be Your Seedsman 

 J. K. RUGOWSKI SEED CO., he. 



MANITOWOC, WIS. 



— Enough said 



GIGANTEUM UUES 



Inch To case Per case 



7 to 9 800 $56.00 



8 to 9 260 56.00 



9 to 10 200 66.00 



10% discount on five-case lota 



HOLTON & HUNKEL CO., NihriikN, Wis. 



Chas. Schwake & Co., he. 



LILY or THE VALLEY 



JapiMM Ulks, Frcidi mA Drtcli Mil 



90^ Weit BnidwaT NEW YORK 



XXX SEEDS 



Alyssam Snttwball, only true dwf., pkt. 2Sc. 

 Chinese Primrose, flae»t i^rcwn, 300 seeds tl. 

 Prlmala Malacoidfs, Oiant Baby, pkt., 26c. 

 Cineraria. larne-flowered dwf., pkt 60c..><i pkt.26c• 

 Crclam^nGiaBtM,1508e«d8tl, Hi pkt. 60c. 

 Petania Oiant French Frlnred, floe, pkt. 25c. 

 Phlox Dramniondli. friant flowered dwarf, 26c. 

 Verbena Calif. Oiants. mixed, pkt. 2ec. 



JOHN F. RUPP, Shiremanstown, Pa. 



