50 



The Florists' Review 



I >i:c i:\iiii;i; 'j;;, I'JL'" 



4ui.s wlii.at ■AU<\ tliut tho seed <leli vcix'ct 

 was not el' tlic kiinl ikuikmI. 



Defining Warranty. 



"The coiitcntiou tliiit tlio cDurt cri-ed 

 in ilotinin<r u wiiianty can hardly be sus- 

 tained. After (intliniug wliat the claims 

 (if the ]i:irties were, the court instructed 

 the .jury aj> follows: 



•'•To constitute a wairauly it is not 

 necessary that the word "warranty" or 

 its jirecise eipiivalent be used, nor is it 

 necessary That it should be in writing. 

 It is enough if the seller delinitely un- 

 dertakes that the thing sold shall be of 

 a certain kind or a certain quality, and 

 anv positive statement of fact, not of 

 opinion, that this was Marquis wlieat, 

 made by defendant to Johnson in the 

 course of the conversation leading to 

 the sale which would show that the de- 

 fendant intended to bind itself by its 

 statements and which was understood 

 and relied ui>on liy the buyer, constitutes 

 a wai rant^'. ' 



Rights of Buyer and Seller. 



"Again, the court instructed the jury: 

 '• 'If from tlie evidence you liutl that 

 <'.'rtain words were sp(d<en under such 

 circumstances by the representative of 

 the company, and you are satisfied that 

 they were intended and were understood 

 to be that the milling company under- 

 took and contracted that this seed wheat 

 was Mar(|uis wheat and iu)t another 

 kind, and that the ]daintill' had the riglit 

 to understaml that this comj>any in- 

 tended to be tiound by it as jtart of the 

 contract of sale, and tliat llie plaintiff 

 believed and relied upon such state- 

 ments in making the purchase, then you 

 may find that there was a warranty that 

 this was Marquis wheat. If you believe, 

 however, from all of the testimony, that 

 what was said by the ])a'rties there was 

 not intended or taken as a warranty, but 

 as an expression of opinion or so-called 

 trade talk, or that j)laintitl' bought the 

 grain without relying on what was said 

 or on his own ins])ection and judgment, 

 then you may find that the company is 

 not liable. ' 



•'The instruction, when considered in 

 its entirety, was as favorable to defend- 

 ant as could be expected. It ])resented 

 to the jury the real issue in clear and 

 unnnstakable terms and in our opinion 

 could have left no room for doubt in the 

 minds of the jurors as to what the legal 

 rights of the parties were. 



•'The mea'^ure of damages was the 

 difference between the value of the crop 

 raised from the seed furnished and that 

 of a crop such as would ordinarily have 

 been raised from the seed had it been of 

 the variety contracted for." S. 



GRASSES FROM OTHER LANDS. 



Some of the results iu tlie search fdi- 

 and introduction of new croip plants, 

 p:irticularly forage grasses, into the 

 Tnited States by the Department of Ag- 

 riculture are spect;icular, says the secre- 

 tar\- ei' .igricultui'e iu his annual report 

 to the I'l-ciident. now made jniblic. 



-Vlfalfii. :i native of centr;il .\si;i. 

 Iirnuiiht into the western st.ates in about 



:iie b;i-i.' 

 • i ■ v.'i"'! • 



ceuie in a i:enei-atiou ;ilnio^t 



Mj, .,t' t he ^^ est. according 1 o 



i'iie -lUgliuins ;ire the b:;-.i-^ 



.. I iciili ural de\clojiinent ot 



~M;,t l;'.'.-c--l. < 'iilit inilitf,;. 

 - ; 11',: 

 . --. 1I|I f'ldlicril ill 1 '.>■''.' 



i~ t ma \V(.rlb ov. r ^^lii.ii'H). 



' '.• , 1 ■ r ;i. se, I'l .■,' PI 1 ;i"i; 



J}l3umuo 



We offer specially dne quality, large Bulbs. They are thirteen to fifteen centimet- 

 ers, which means from live to nearly six inches around. A case contains 1250 Bulbs. 



Per 1000 Bulbs PerC.se. 



One case $1>S.(K) $l'-2.5(i 



Five cases 1 7.(X^ 21.2.') 



Ten cases or over 1 (1. 50 20.(52 



30 and S2 Barclay Street 

 NEW YORK CITY 



Mention The Review when you write. 



Lily of the Valley Pips 



1920 CROP 



Packed in cases of IfHX) and 2ikm) each. 



German Grown $32.00 per 1000 



Holland Grown 20.00 per 1000 



Place your orders now for immedi;Ue or future delivery. 



C. J. SPEELMAN & SONS 



470 Greenwich Street, NEW YORK CITY 



Mention The Review when you write. 



FOR THE FINEST OF THE NEW SEASON'S 



Floral Novelties 



W U I T K T 



WATKINS & SIMPSON, Ltd. 



27-29 Drury Lane LONDON, ENG. 



Mention The Review when yoii write. 



DREVON-TEGELAAR & CO. 



Wholetale Frenc.'i Bulb Growers 



1133 BROADWAY 



NEW YOKK 



Nurseries at OLLIOULES, FRANCE 



1',- !:••■, ■■;v vv 



FRENCH and DUTCH 



BULBS 



Now ready. vVrile for prices. 



HOGEWONING & SONS, 



ini'orp<>ratPii 

 299 BROADWAY, NEW YORK 



^^■::■.'" '{'}:■• ;:.'vl.-\v \\tit;:i ^ ^ni \vr:r.. 



