140 



The Rorists^ Review 



NOVBMBBH 17, 1921 



entered in defendant's favor and re- 

 quiring a new trial: 



' ' We need go no further in the instant 

 case than to determine the rule (and, if 

 there be a conflict of authority, the bet- 

 ter rule) applicable in cases like that 

 before us, where the seed in question 

 cannot always be distinguished by in- 

 spection. Under such circumstances, it 

 seems generally recognized (although 

 there are authorities to the contrary) 

 that an affirmation of the seller con- 

 stitutes a warranty, and ignorance on 

 his i)art is immaterial. 24 R. C. L. p. 

 175, sec. 448. From section 449, Id., the 

 trial court seems to have obtained the 

 rule laid down in the instruction com- 

 plained of: 



" 'Where the seller disavows any 

 knowledge of the kind or variety, mere- 

 ly repeating what he had been told by 

 the person from whom he purchased, no 

 warranty as to kind or variety is to be 

 imported' — omitting from the instruc- 

 tion, however, the important qualifica- 

 tion of the seller's disavowal of knowl- 

 edge and the total lack of evidence 

 thereof. The reason for the rule is ap- 

 parent. The kind and variety of the 

 seed being indistinguishable by inspec- 

 tion, the seller alone can have knowl- 

 edge of the source and reliability of his 

 information. If he elects to repeat this 

 as a fact, and take advantage of a sale 

 based thereon, a warranty should be 

 implied, should the statement prove 

 false. The buyer purchases upon the 

 faith of the seller's representation, not 

 upon any representation made by the 

 seller's vendor. 



Holds Dealer Responsible. 



" 'The rule is just. It holds a dealer 

 responsible for breach of contract when 

 he sells a thing as being of a particular 

 kind, if it does not answer the descrip- 

 tion; the vendee not knowing whether 

 the vendor's representations are true 

 or false, but relying upon them as true. 

 There is no good reason why a dealer 

 should be permitted to exhibit seed to 

 his customers, asserting it to be rape 

 seed when it is something else, and then 

 protecting himself from the conse- 

 quences of his falsehood by a plea of 

 ignorance.' Hoffman vs. Dixon, 105 Wis. 

 315, 318, 81 N. W. 491, 492 (76 Am. St. 

 Rej). 916.) 



"The latest authority on this subject 

 is peculiarly applicable and comes from 

 a jurisdiction where a correct deter- 

 mination of the rule is of the most vital 

 importance: 



" 'Where the circumstances are such 

 as to amount to a representation of fact 

 on the part of the vendor that an article 

 sold is of a particular kind or descrip- 

 tion, as, for instance, where the buyer 

 in terms asks for a particular kind and 

 the seller purports to comply with his 

 request, it was said that "he would 

 probably be held to warrant the article 

 as being of that kind, although he may 

 not have made any declaration in words 

 to that effect." * ♦ • No charge 

 of bad faith is made herein, but, on the 

 contrary, the court found, and the par- 

 ties admit, that there was no such bad 

 faith or deception.' Firth ct al. vs. 

 Kichter (Cal. App.) 196 Pac. 277." S. 



CATALOGUES RECEIVED. 



Alfred Oesterlingr, Rntlpr, Pa.— A condensed 

 •wholesnlp list of "desirable standard varieties" 

 of Rladiolus bnlbs; also a circular containing an 

 "opportunity offer" of fonr of the newer varieties, 

 of which "the stocks are limited." 



Haedlein Basket Co., Chicago, III.— "Catalogue 

 No. 30," a. comprehensive. Illustrated list oi 



THE FLOWER OF 

 GLADIOLUS WILBRINK 



is of a soft pink, "America-like" color. It blooms and 

 forces as early as "Halley." 'j.. 



We grow this variety in large quantities and are 

 ready to quote our SPECIAL PRICE on same. 



We also have 40,000 America, first size, 

 large bulbs, l}i to 23^-inch. 



P. VOS & SON 



P. O. BOX 555 



The Home of 'True" Gladioli Grand Rapids, Mich. 



Kunderd's Gladioli 



Are now so well known and are in such great demand that you, as a 



grower or florist, cannot afford to be without them. No other strains 



are now so popular, nor can you secure so many beautiful blooms 



from any other. They always bring top prices in the 



markets. 



Heretofore there has not been a suiTicient supply to afford 

 growers a share in their great sale. I offer you a chance 

 this year for the first time to secure a select collection of 

 about ninety choice varieties listed and described in my 

 wholesale price list. All authorities are agreed that my 

 new strains represent by far the greatest improvement in 

 gladioli today, and you will miss many of your best 

 customers if you let them go elsewhere for their cut 

 flowers and bulbs. 



Send for my wholesale list above described, and also a 

 copy of my new retail catalogue, both free. 



A. E. KUNDERD 



The Originator of The Ruffled Gladiolus 

 Box 40, Goshen, Indiana, U. S. A. 



Choice Gladiolus Bulbs 



FOR FORCING OR OUTDOOR PLANTING 



No. 1 Quality. Note Reasonable Prices. 



/ Per 1000 . 



No. 1, No. 2, No. 3, No. 4, No. 5. No 6. 



IMi-inch l%tolV4- ltol%- % to 1- H to %- under 



up Inch Inch inch Inch H-lnch 



America 123.00 $19.00 f 14.00 $9.00 $ O.-'iO $ S SO 



Bertrex 80,00 70.00 60.00 60.00 40.00 30.00 



C. M. Kelway B5.00 50.00 40.00 32.00 23.00 18.00 



Evelyn Kirtland 80.00 70.00 60.00 60.00 40.00 80.00 



Gretchen Zaii« 60.00 60.00 40.00 30.00 25.00 20.00 



Ilalley 28.00 24.00 19.00 13.00 9.00 4.50 



Ilerada 80.00 70.00 60.00 60.00 40.00 80.00 



I.ily white 125.00 100.00 76.00 50.00 40.00 26.00 



Mrs. F Klnsr 22.00 19.00 14.00 9.00 6.50 3.B0 



Mrs. F. Pendleton 40.00 35.00 28.00 18.00 14.00 9.00 



Mrs. Watt 85.00 30.00 24.00 16.00 10.00 6.60 



NiaKara 40.00 85.00 28.00 18.00 14.00 9.00 



Pannma 85.00 30.00 24.00 16.00 10.00 6 50 



Peace 85-00 30.00 24.00 16.00 10.00 6.60 



Bouge Torch 40.00 85.00 28.00 18.00 14.00 9.00 



gchwaben 40.00 85.00 28.00 18.00 14.00 9.00 



Terms: .5% discount for cash with order. Packing free. 



All stock guaranteed true to name. Write for prices on other desirable new and 

 standard varieties. Also bulbleU. 



ALFRED OESTERLING, 2ME^iM^ Star Route, BUTLER, PA. 



