130 



The Florists^ Review 



Februarv 2, 1922 



I agree, on the terms and conditions stated be- 

 low, to raise for you, on lands [describing them] 

 80 acres Golden Wax beans, 10 acres Giant 

 StringlesB Green Pod beans. 



I agree properly to prepare and plant eucn 

 lands with stock seed to be furnished by you 

 free on board cars at Shepherd; to harvest, cure, 

 separate and clean, as well as possible with ordi- 

 nary farm machinery, its entire seed product, in 

 such manner as to secure the greatest possible 

 return of seed suitable for seedsman's use; and 

 to sack and deliver all the seed to you free on 

 board cars at Shepherd as soon as the seed can 

 be put in suitable condition, and before Novem- 

 ber 30, 1910, without wasting, feeding, selling, 

 reserving or allowing nuy portion of the crop of 

 ■eed furnished to pass from my possession ex- 

 cept as delivered to you. The stock seed and 

 seed crop produced from it is and shall remain 

 your property except as otherwise stated in this 

 contract. 



In order to prevent hybridization and to keep 

 the crop pure, I agree that during the life of 

 this contract, I will not grow seeds of the same 

 species for any other person, and as far as I am 

 able to prevent it, there shall be no other plants 

 of the same species grown within ten rods of this 

 crop. I will take at all times every reasonable 

 precaution to keep the crop pure and to prevent 

 seed of any chance plants of a different variety or 

 of a stock of the same variety different from that 

 sent me by you becoming mixed with seeds grown 

 under this agreement. You or your agents may 

 at any time enter the field and at your own ex- 

 pense make such examination, selections or re- 

 jections as you or tliey deem desirable for the 

 betterment of the crop for seed purposes, and 

 you or they shall not be liable for necessary 

 daniage, if liny, to my crop resulting from such 

 work. 



You may refuse to accept the crop if less than 

 eighty-five per cent (85%) of the seeds are 

 vital, or in your judgment the crop is in any 

 other respect unfit for seedsman's use and can- 

 not be made fit without an unreasonable amount 

 of cleaning or hand picking. In case you refuse 

 to accept the crop, its title shall vest in me and 

 I agree to reimburse you immediately for stock 

 seed and bags furnished, and for all freight 

 charges. 



In consideration of the faithful carrying out 

 of this agreement by me and as full compensa- 

 tion for my services, you are to pay me at the 

 rate of four and one-half cents (4%c) per pound 

 for the Golden Wax and four and one-fourth 

 cents (4V4c) per pound for the Giant Strlngless 

 Green Pod beans when delivered on board car 

 in good condition for all seed (In excess of the 

 stock seed furnished me) delivered under this 

 contract and accepted by you, payment to be 

 made immediately upon your acceptance of the 

 seed. No payment is to be made for any seed 

 which you do not. consider sufficiently pure, clean 

 and dry for seedsman's use and no credit is to be 

 given for dirt, or for damaged or poor seed which 

 has to be removed. 



This letter, when accepted by you, shall con- 

 stitute our contract and be construed according 

 to Michigan laws. There are no agreements or 

 understandings regarding the subject matter of 

 this letter other than expressed above. 



Claud E. Forquer. 



Accepted at Detroit, Mich., this third day 

 of March, 1916. D. M. Ferry & Co., 



By R. H. Moore. 



It is to be inferred that increased 

 market values made defendant regretful 

 that his contract did not call for a 

 higher rate per pound, for it appears 

 that he refused to deliver the crop to 

 plaintiff. Suit to recover its value fol- 

 lowed and the court upholds the seed 

 company's right to recover. The prin- 

 cipal point involved was the question 

 whether the seed actually belonged to 

 the company or was merely contracted 

 to be sold to it. The court holds that 

 the title was in the company. The sa- 

 lient parts of the opinion on appeal are 

 as follows: 



The Decision. 



"Tlicre does not appear to be room 

 for a difference of opinion as to the in- 

 tention of the parties or the character 

 of tlipir transaction. The letter declares 

 that it was the intention that defend- 

 ant should raise the crop of beans for 

 the plaintiff, and every other provision 

 but adds emphasis to that purpose. It 

 is argued by counsel for defendant that 

 the jirovision that plaintiff miglit re- 

 fuse to accept the crop, or part of it, is 

 altogether inconsistent with the theory 

 that title was in the plaintiff, but not 

 so. The letter declares, 'The stock seed 

 and seed crop produced from it is and 

 shall remain your property except as 

 otherwise stated in this contract.' 



"The exception is that plaintiff might 

 refuse to accept the crop if less than 



Windmill Talks 

 on Bulbs 



When the big California orange growers formed a 

 huge association, and started to market their crop 

 on standardized lines, uniform grading was the 

 first thing established. 



Different size oranges are accurately and uniformly 

 sorted by a simple machine that is so simple it is 

 hardly a machine at all. 



In like manner we painstakingly sort and grade 

 all of our Bulbs. 



Every part of the machine is thickly padded, so 

 the Bulbs can no more get bruised than you can 

 sitting in your favorite soft-cushioned chair. 



Because we grade all our Bulbs, in this exact way, . 

 you get exacriy the grade you buy, and pay ex- 

 actly what that grade is worth. 



Not only do you get uniform size, but uniform 

 quality as well. ' 



You buy only Tegelaar Bulbs, but you get satis- 

 faction besides. 

 Order early. 



Tegelaar Brothers, Inc. 



Wholesale Bulb Growers 

 Nurseries at Lisse. Holland 1133 Broadway, New York 



/ 



BULBS 



BULBS 



For Holland gro'wn Bulbs of every 

 description, ask prices from 



Bader & Co., s^'^Growen Sassenheim, Holland 



Large growers of Hyacinths, Tulips and Narcissi 



PLEASE COMMUNICATE WITH 



Bader & Co., care of R. F. Lang, 82 Broad Street, New York City 



Bulbs — HOLLAND — Bulbs 



R. A. Van Der Schoot 



Wholesale Bulb Grower 



Hillegom, Holland 



R. A. Van Der Schoot's products are trade builders. 



Address all correspondence care of 



Bulbs 



J. W. HAMPTON, JR^ CO. 



17 Battery Place NEW YORK 



Bulbs 



