- ,r . v-P • 



106 



The Florists^ Review 



Dbcehbbr 25, 1919. 



with it an implied warranty that the 

 seeds to be delivered were the kind of- 

 fered and were not to be mixed with 

 other kinds of seeds. 



Seed Fuxlty up to Jury. 



"The trial court, however, erred in 



?iving the general affirmative charge 

 or the plaintiffs, as it was a question 

 for the jury as to whether or not all the 

 plaintiffs were parties to the eontraet 

 of sale so as to authorize this joint ae* 

 tion. True, Boykin testified that he 

 j purchased the seed for himself and these 

 I various parties, but it was open for the 

 '; jury to infer that, while he intended 

 ' supplying them with seed for plant^Ji^ 

 I purposes, they were not parties to the 

 purchase, and that Boykin purchased the 

 t samo upon his own account, expecting 

 j to supply the others himself. While 

 ! Boykin t''8tified that he bought the 

 ! seeds for himself and the other plaia* 

 tiffs, he also testified that he used a 

 : part of the seeds and ' sold to these other 

 i plaintiffs.' Moreover, it was a question 

 I for the jury as to the species of seeds 

 ! delivered, as no one examined the seeds 

 I and proved that they were not the kind 



■ bargained for, and the only proof that 

 : they were not was based upon the na- 

 ' ture and character of the crop grown 



upon the land where thp-"^ were planted 

 I and which showed a mixture of other 

 products such as Johnson grt.sB, broom 

 I corn, sorghum, etc., and while this was 

 relevant and may have been quite con- 

 i vincing evidence that the seed as de- 

 livered was mixed, it was not entirely 

 ; conclusive that the other growths re- 

 ' suited from the sowing of 'the seed ob- 

 i tained from the defendant. Indeed, it 

 ; is a matter of common knowledge that 

 i Johnson grass and broom com are quite 

 ' common in this count- y, and prolific 

 ' crops of same are often grown without 

 j the necessity of planting every season; 

 '' and, from aught that appears from this 

 i record, these lands might have been 

 given to the previous growth and pro- 

 duction of the other things found mixed 

 with the Texas Eibbon cane. It would 

 have been proper, no doubt, for the 

 plaintiffs to have shown the nature and 

 character of the crops of others using 

 the same kind of seed and procured 

 from a similar source, and for the de- 

 fendant to have done likewise. _ The 

 trial court, however, did not err in de- 

 clining to admit proof that the dealer in 

 these seeds received no complaint^ from 

 others to whom he had sold similar 

 seeds. ' * 8. 



DISGUSTED, YET HOPEFTJIi? 



The attitude of former purchasers of 

 plants and other stock from abroad is 

 vividly expressed in this cancellation 

 of an order received from the United 

 States by the retail plant department 

 of the firm of Kelway & Son, at Lang- 

 port, England: 



Acting upon your siiggestlon received ioine 

 time ago, I made application through the con- 

 gressman from our cUy. whom I know well, t» 

 ; secure a permit for me to Import some •tocK 



• from you which was due me on last year ■ order. 



He sent me a lengthy form and appUcatlffii 

 ' to fill out, which binds me now and forerer by 



• bond and otherwise and lots of other foollsh- 



■ ness, with a lot of Information that neither yon 

 nor I nor anybody else can furnish, and for 



- that reason I hare decided to forego importing 

 any stock for the benefit of the general public 

 as well as myself nntU such time as we can get 

 an administration down at Washington that has 

 somewhat the people's interests at heart rather 

 than the politicians'. Signs of the times point 

 to the fact that the people are sick of the way 

 their Interests are handled. 



In order that you may know the red tape and 

 other things that it Is necessary for me to go 

 through to import this few dollars' worth of 

 St«ck, I am sending you the correspondence, 



BULBS 



Jap* Lilies— Giganteum, Auratum, Rubrum, Melpomene, Roseum, 

 Album. 



Valley Pips — Forcing grade, Dutch or German. 



T* Re Begonias — Single, separate colors or mixed, 2 sizes. 



Write for prices, specifically stating requirements. , 



McHUTCHlSON & CO., "^^SSTiS Ckinben St, New Ywk 



•^ 



Mention The Beytew when yon write. 



Lily of the Valley Pips 



1919 CROP 



We can deliver immediately from 

 cold storage. Write for prices. 



C. J. SPEELMAN & SONS 



38 Murray Street, NEW YORK 



TALL SOWING 



Pinsies, Nyisotis, Cyclameii, Sntplra{on,'^ 

 Sweet Peis, rereniials, 

 anl Freesii Purity 



NOW IS THE nNE TO ORDER BULBS TOR FALL DELIVERY 



FOnLER, nSKE, RAWSON CO. 



I 



8KZD STOBS 



12 and 13 Faneuil Hall Sqoar*. BOSTON. MASS. 



Mention The BoTlew wben 70a write. 



NATIONAL BULB rARNS, he. 



B«ntoii Harbor, Michiaaa 



Gladioli, Dahlias, Peonies 



and Hardy Perennials. 



300 acres under cultivation 



SchiUer's 



' TTim Strain That Lmada " 



Primroses 



Mention The Berlew wben 700 writ*. 



Seeds, Bulbs and Plants 

 BARCLAY NURSERY 



14 W. Bnadway, NEW YORK CITY 



XXX SEEDS 



CUmm PriMNM. finest grown, in choice 

 mixed, 800 seedg, $1.00; ^ pkt., 60c, Piteeh 

 Kawwrii, new dwarf yellow, 26c, Priwila Hal- 

 *rMu . Oiant Baby, 26c, CiMraiia. large- 

 flowered dwarf, pkt,. 60c; >s pkt, 26c, Cyde- 

 ■M, Oiant mixed, 160 seeds, Sl.OO; >s pkt,, Mc 

 VwUn, California Giants, mixed, pkt,, 26c. 



JOHN F. RUPP, Shiremanstown, Pa. 



Mention The Beriew when yon write. 



