118 



The Florists' Review 



November 3, 1921 



The death of H. J. Champion, of I'eiry, 

 O., is noted in the obituary foluinii tliis 

 week. 



In many comniunities it is |)ositi\ely 

 difficult for a householfler to {{ot trees and 

 shrubs planted by competent people. 

 There is so much more of this work to lie 

 done than is bein^ done that the oppor- 

 tunities are almost limitless. 



It is proposed by tlie local ("iiauiber of 

 ('onunerce to advertise I'ainesvilh>, O., as 

 the "City of Flowers'' and home of tlie 

 "world's la rjjest nuiseries. '' SijrnlMJards 

 may urge tourists to sto]) for a sight of 

 its great horticultural estahlishnients. 



The nurseries at Painesville, ()., have 

 made the postoffice there the largest for 

 a city of its size and ]K)|iulation in the 

 country. Business luis been so flourishing 

 of late that now larger (luarters and facil- 

 ities are desired of Washington officials. 



A TRACT of land comprising eighty-nine 

 acres has been acquired by Bertraud H. 

 Farr, of the Wyomissing Nurseries, Wy- 

 omissing, I'a. The property was pur- 

 chased from Ferdinand Tliun and Irvin 

 F. Impink for a consideration of $44,- 

 99,'j.50. 



Okfeks of nursery stock in The Review, 

 whether in the Display or the Cla.ssified 

 section, find speedy acceptance because 

 more nurserymen read The Review than 

 any other horticultural trade j)ublication 

 and, in addition, large numbers of flo- 

 rists act as a retail outlet for ornamental 

 stock, large and small. 



Resui.T.s from the bulletin of unsold 

 stock of members published by the Illi- 

 nois State Nurserymen's Association last 

 spring were so satisfactory to thos(> wlio 

 particijiated that a similar list, comj)ris- 

 ing twenty pages, has Just been i.ssued of 

 unsold stock on hand October 1. Sixteen 

 firms, four from out of the state, are in 

 eluded. 



RESPONSIBILITY OF SALESMAN. 



Fixed by Contract. 



A contract between a nursery com- 

 pany and a selling agent was lately 

 held by the California District (Jourt of 

 Appeal to impose personal resiionsibility 

 on the latter for the collection of all 

 accounts on sales made by him. (Fan- 

 cher Creek Nurseries vs. Loescher, 198 

 Pacific Report, 827.) 



The contract, after providing for the 

 appointment of the (iefendant as the 

 plaintiff's agent for the ]iurpose of sell- 

 ing and canvassing for the sale of nurs- 

 ery stock, contained a clause providing 

 that the defendant as such agent agreed 

 that he would sell nursery stock for 

 cash only, would keep full and correct 

 accounts of all sales made, and would 

 make remittances promptly as sales and 

 collections were made; the prices at 

 which such sales were to be made were 

 to be fixed from time to time by the 

 plaintiff; the defendant was to receive 

 a commission of twenty per cent on all 

 sales of nursery stock, except citrus and 

 grafted grape vine stock, upon which 



his commissions were to be ten per cent, 

 which commissions were to be paid only 

 on orders which had been actually 

 closed and paid for in cash. The clause 

 in said contract out of which this action 

 arose was in the following words: "The 

 party of the second part shall be ])erson- 

 ally responsible for all goods sold and 

 bills contracted under this agreement." 



Judicial Decision. 



On an apj)eal from a judgment in the 

 nursery company's favor the sole ques- 

 tion raised by the appealing defendant 

 concerned the j)roper construction of the 

 clause above quoted, his contention be- 

 ing that under said clause in his con- 

 tract he was only to l)e held liable for 

 such sums as might remain uncollei-t- 

 able after the plaintiff had first had re- 

 course to those whose orders had been 

 taken and filled for nursery stock, and 

 hence that, the plaintiff not having 

 alleged or provt'd any demand or at- 

 tempted recourse u]ion the parties orig- 

 inally liable upon such orders, it had 

 not shown the existence of a cause of 

 action against the defendant. Dispos- 

 ing of the case in favor of the company, 

 the District Court of Appeal said: 



"We are unable to sustain this con- 

 tention. The contract in Cjuestion, when 

 construed as a whole, clearly provides 

 tliat the defendant, as tlie plaintiff's 



Yes, We Have Them 



Berberis Thunbergii 

 Hardy Privet 

 Hydrangea P. G. 

 Climbing Roses 

 Boston Ivy 

 Clematis 



Thousands of other plants. Write 

 for our new fall trade list. 



Onarga Nursery Company 



CULTRA BROS., Managers 

 ONARGA, - ILLINOIS 



Mention The Rerlew when you write. 



agent, should sell for cash only to such 

 customers as he might succeed in ob- 

 taining orders from for the plaintiff's 

 nursery stock, the plaintiff being re- 

 (]uired to fill these orders when so taken. 

 It is quite evident that the principal 

 inserted the clause in said contract pro- 

 viding for the personal responsibility of 

 the defendant upon all orders taken by 

 him for its own protection and to our 

 minds there is but one reasonable con- 

 struction to be placed upon said clause, 

 and that is that the agent, being author- 

 ized by the terms of his contract to sell 

 for cash only, was bound, in the event 

 of his accepting any orders for nursery 

 stock other than cash orders, to make 

 good such orders in cash directly to his 

 jirincipal." S. 



TWO BUSY PFEIFFERS. 



A son 's interest in the nursery busi- 

 ness, ten years ago, weaned, or one 

 might say forced, C. A. Pfeiffcr away 

 from the grain business, which he had 

 to leave to take care of the son's enter- 

 prise during the war. Now the son, L. 

 F. rfeiffer, and the father both have all 

 they can do in the rapidly growing 

 Pfeiffcr Nursery, at Winona, Minn. 



American Grown 



Fruit Tree Stocks 



' Apple SeedlinKs, Straisht or Branched. 

 Also Pear Stocks from French and Japan 

 Seed, Americana Plum, Mahaleb Cherry 

 and^Peach_SeedlinKsi;i«_all Grades. Car 

 Lots to Central Points. 



Foreign Grown Stocks 



Apple, Pear, Mahaleb, Myrobalan, Quince, 

 Manetti and Multiflora. All Grades. In 

 Prime Condition. Can quote in France or 

 out of Customs in New York or at Shenan- 

 doah, Iowa. Prices reasonable 



Remember our Complete Line of General 

 Nursery Stock for Fall and Spring Trade. 

 'We are now ready to do Business. Submit 

 List of V/ants for Prices to 



Shenandoah Nurseries 



D. S. LAKE, President 

 SHENANDOAH, IOWA 



Mention The Review when you write. 



SPECIALTIES 



Evergreens of the Better Varieties 



Boxwood, pyramidal, 2 ft., 2J^ ft. and 3 ft.; Biota aurea nana and conspicua 

 aurea; Arbor Vit;e compacta, conica densa, globosa and Siberian; Fir cephalonica, 

 concolor and Nordman's; Retinispora argentea. compacta, filifera. filifera aurea, 

 pisifera, pisifera aurea, plumosa aurea, squarrosa Veitchii; Spruce hemlock, 

 oriental, polita and white. 



Also deciduous trees and shrubs 

 Write for prices. 



HOOPES, BRO. & THOMAS COMPANY, 



EitiUiiked I8S3 '"" S'nXn^''" WEST CHESTER, PENNA. 



Mention Tbe BeTlew when ron write. 



