r^^,!"* '*^ iju^ti ••»ij[^ ,i"~~ •" 





90 



The Florists^ Review 



Adodst 19, 1920 



READY FOR IMMEDIATE DELIVERY 



Narcissus Paper White Grandiflora 



In All Sizes 



Write For Prices 



HOGEWONING & SONS, Inc. 



299 BROADWAY, NEW YORK 



the last twenty y^ars or so the accepted 

 Easter lily. So consignments from Ber- 

 muda are but a small fraction of what 

 they once were. 



The consignments on the Fort Hamil- 

 ton were as follows: 



Consignee Cases 



Downing, R. F., & Co 21 



Maltus & Ware 229 



Order 21 



Total 271 



IiAW IN SEED COMPLAINTS. 



Experience of Others as Proof. 



When controversy arises on a point as 

 to whether a seller of seed has furnished 

 sound goods, there is a natural tendency 

 on the part of each disputant to resort 

 to the experience of other buyers who 

 have bought the same article. Many a 

 wrangle occurs between lawyers over 

 the admissibility of evidence concern- 

 ing such experience. It seems that 

 where the growing quality of a thing 

 is in controversy the experience of 

 others is ordinarily germane provided 

 that it appears that planting, cultiva- 

 tion and growing conditions have been 

 substantially the same. 



A case in point came up before the 

 Oregon Supreme court recently (Horn 

 vs. Elgin Warehouse Co., 190 Pacific 

 EepoVter, 151). In this case the de- 

 fendant defeated the plaintiff's suit to 

 recover damages for claimed delivery 

 to him of winter wheat on an order for 

 spring wheat. 



At the trial, the plaintiff's attorney 

 attempted to show that one Smith had 

 bought seed wheat of the same kind as 

 that delivered to the plaintiff, that he 

 sowed it, but that it died after sprout- 

 ing above ground. But the trial .iudge 

 ruled this evidence out. On the other 

 hand, the defendant was permitted to 

 show that other buyers of the same kind 

 of seed as that delivered to the plain- 

 tiff sowed it and produced crops of 

 wheat of the variety it was said to be 

 when sold to plaintiff. 



Conditions Must Be Similar. 



Reconciling the correctness of the 

 trial judge's rulings in rejecting one 

 line of testimony and accepting the 

 other, the Supreme court says: 



"All these matters about planting 

 wheat were in the nature of proof of 

 experiments. . . The offer made by 

 the plaintiff in reference to the Smith 

 seeding does not show that the condi- 

 tions under which the experiment was 

 made were the same as those affecting 

 the planting made by the plaintiff. 

 Necessarily the growth of seed is in- 

 fluenced by the nature and moisture of 

 the soil and climatic conditions, as well 

 as by cultivation. In the offer of proof 



SUPREME 



British Seeds 



Get' our prices for delivery from 1920 Harvest on all lines of 



Garden and Farm Root Seeds 



KELWAY & SON, s^eS'S^o^I^s. '-tS^^'^l^?- 



DKEVONTEGELAAR & CO. 



Wliol«a»U French Bulb Growars 



1133 BROADWAY 



NEW YORK 



Nuraeries at OLLIOULES, FRANCE 



Dutch and French Bulbs 



CJ.SpeelBU&StnslLaiirde & Speelman 



SASSENHEIM. HILLMD | tLUOULES. ««R. FRANCE 



NEW YORK OFFICE 



470 GREENWICH ST. 



VAN NEEUWEN & TEGELAAR 



Wholesale Dutch Bulb Growers 



11333BROADWAY 



NEW YORK 



NurseriM at LISSE, HOLLAND 



F. G. MARQUARDT, Inc. 

 Importers of Bulbs 



11 6- 120 West 32nd Street 



NEW YORK CITY 



by plaintiff nothing is stated except 

 that Smith ordered Red Chaff club wheat 

 from the defendant, sowed it as such 

 and failed to produce a crop. All other 

 ingredient conditions are omitted from 

 the proposal. It is essential to its ad- 

 missibility in evidence that the experi- 

 ment relied upon be substantially similar 

 to the one in issue. At first blush, one 

 would say that the court did not hold 

 the scale of justice at even balance in 

 refusing the plaintiff's offer of proof 

 and at the same time allowing the de- 

 fendant to show that the same kind of 



HELLER arCal 



HONTPCUER, 

 ONIQ. 



' :! i.lj:!! s 

 SI! n 



M. Veldhayzen Van Zanten & Sons 



Established 1870. 



Wkoksale Bolb Growers LlSSe, HoIUuid 



Catalotfne Free on Application 



The Standard Bulb Co. 



Benton Harbor, Mich. 

 Dutch Bulbs, Gladioli, Dahlias 



ASK PRICES 



DANISH SEED IMPORT 



Import ef all klndi of S«e4s direct from scod 

 trowenln Denmmrk. Please send for price list. 



Chr. Noab}crg, 2Unh St. N.. MiaetiMlit. MiM. 



Mention Tlie Review when you write. 



wheat sown by other parties produced 

 a crop of Red Chaff wheat. It is a law 

 of nature that men do not gather grapes 

 of thorns, or figs of thistles. Hence, 

 when it appears that planting the wheat 

 obtained from the defendant produced 

 Red Chaff club wheat, all conditions of 

 soil, climate and cultivation sr? niergcf 



