124 



The Florists^ Review 



Maech 17. 192: 



RUGOWSKI'S ASTERS 



Are The World's Best— We Have Proven It. 



SPECIAL ILLUSTRATED CATALOGUE OF ASTERS AND 

 OTHER NOVELTIES NOW OUT. WRITE TODAY. 



J. K. Rugowski Seed Co., Manitowoc, Wis. 



chief inducement to the defendants for 

 their purchase, it is not such a warranty 

 as would be enforceable, for the reason 

 that there are other elements which en- 

 ter into the problem as to whether seed, 

 however reinforced as to its germinat- 

 ing qualities, and however carefully 

 or correctly planted, will germinate and 

 grow to its expected maturity. These 

 other elements, such as conditions of soil 

 and location and also the particular 

 climatic conditions of the season of the 

 planting and growth of the seed, would 

 always be beyond the control of the 

 vender of the seed. 



Failure of Warranty. 



Overruling this contention, the higher 

 court says, "The difficulty with this 

 contention consists in the fact that, in 

 eo far as the matters of soil and loca- 

 tion are concerned, the plaintiff knew 

 at the time the warranty was given in 

 just what soil and location it was to be 

 planted. It was purchased by the de- 

 fendants for planting in growth as a 

 cover crop within their said orchard, 

 which facts were fully known to the 

 plaintiff at the time of the sale. With 

 respect to the seasonal conditions, it is 

 true that this would be beyond the con- 

 trol of the plaintiff, and that, if it could 

 be shown that the seasonal conditions 

 of the particular place where and of 

 the time during which the seed was to 

 be planted were abnormal and that what- 

 ever failure there was in the seed to 

 (Terminate and grow was attributable to 

 such abnormal conditions, this would be 

 a good defense to the enforcement of 

 such warranty. It must be conceded 

 that there is some evidence to indicate 

 that the season during which the seed 

 was sown was unusual as to the time 

 and amount of rainfall. This evidence, 

 however, was educed from officials and 

 emplovecs of the plaintiff and evidently 

 did not impress the trial court cither 

 as to its truth, or as to the sufficiency 

 of its explanation why the seed sold 

 by plaintiff to the defendants, and by 

 them treated, planted and cultivated 

 in all respects in conformity to the 

 plaintiff's directions, neither germinated 

 nor grew. Upon this subject the evi- 

 dence is positive and direct that abso- 

 lutely none of the seed so treated and 

 sown by the defendants within their 

 orchard either germinated or grew; and 

 this failure of the defendants' seed to 

 measure up to the plaintiff's express 

 warranty the trial court finds to have 

 been due to the breach of the warranty 

 and not to the fact that any alleged 

 abnormal seasonal conditions contrib- 



Flower Seeds 



KELWAY'S 



Choice .strains of Florists' Flowers are unsurpassed and we can point to over 30(^ 

 exhibition awards gained in all parts of the world. 



Prices always available. Spot or growing crops. 



THE Address 



VPfWAY % ^nW Wholesale LANGPORT, ENG. 



ALLIIill ft JUH, seed growers, cu..: -Kelw., Uwon." 



Mention The Review when you write. 



Van Der Schoot's Dutch Bulbs 



•^ If you are interested in Top Quality in 



Hyacinths, Tulips, Narcissus, Crocus, Etc. 



For delivery in August next, please ask for our quotations 



WHOLESALE TRADE GROWERS 



Established In 1830 



R. A. VAN DER SCHOOT, HiUegom, Holland. 



Mention Tbe Renew when yon write. 



LIVE WIRE 



J. A. Vandervoort & Co. 



Wholesale Bulb Growers 

 NOORDWYK • HOLLAND 



Also Nurseries at Sassenheina 



Abaolutely the largedt growers in Holland of 



Bic. Victoria, Golden Spur and Von Sion 



Also large growers of 

 HYACINTHS, TULIPS, ETC. 

 Mail Address -Care of 



MALTUS & WARE 



116 Broad St. New York City 



Ow rcprcsentativet will be calling on yoa. 



lientlon The Rerlew when yon write. 



F. G. MARQUARDT, Inc. 

 Importers of Bulbs 



1 16-120 West 32nd Street 



NEW YORK CITY 



Onr Winter 



Orchid 

 ^Flowering 



Sweet 

 Pea:; 



are now grown by over 8000 commercial flc 

 rists. Thev have no eaual. Send for list. 



Anttii C. Zirianek t Swi. '•"jg! "■ 



XXX SEEDS 



Alrssam Snoiirball, the only true dwarf; pkt.,' 

 Cninewe Primrose. Mixed. 400 sda . tl.OO; 'a, 

 Blue Moonflower, true bine, pkt, 20c. 

 Utnerarla, large flowering, pkt.. 60c; "u-pfct.. 

 rrolamen. Olanta. mixed, pkt.. tl.OO; Vi-pkt.. 

 Zinnia, new monstrous giant, mixed, pkt.,20r. 

 Uracaena Indlvisa. new crop; pkt., 20c; oz.. 

 PrimulaObconicn.flnostKlants, mlx'-d. pkt., 

 JOHN F. RUPP, Shiremanstotvn, Pi 



