70 



The Florists^ Review 



May 14, 1914. 



Our Motto: Tho BEST tho Markot Affords. 



PLACE YOUR IMPORT ORDERS NOW FOR PALL DELIVERY 1914 



CHA8. 8CHWAKE & CO., inc. 



Horticultural Importors and Exportoro 

 90-92 WEST BROADWAY, NEW YORK 



Mention The B«Tlew when yon write. 



Lil. Gigantaum and Multiflorum, 

 HOHMANN'S LILY OF THE VALLEY, 

 Paper Wbita Narcissus and Roman Hjacintlis, 

 Dutch Bulbs, English Goldan Spur, 

 Azaleas, Palms, Roses, etc. 



WRITE FOR PRICES 



United States. On the floor of the 

 House the appropriation was inserted 

 by amendment to the bill. The bill as 

 passed by the House and as it reached 

 the Senate carried the usual appropria- 

 tion for free seeds for congressmen for 

 1915. The Senate committee, to which 

 the bill was referred, struck out the 

 free seeds paragraph and reported the 

 bill practically as it came up to the 

 House. There was a vigorous debate 

 when that section of the bill was under 

 consideration in the Senate May 9, but 

 when the issue came to a vote the ac- 

 tion of the committee was sustained. 



Within a few days the agricultural 

 appropriation bill will have passed both 

 branches of Congress, one branch hav- 

 ing provided for the free seeds and the 

 other having cut them out. The bill 

 will then be up to the committee on 

 conference. It is not yet quite time for 

 seedsmen to sing the Hallelujah'Chorus. 



DELIVEEY OF INFERIOR SEED. 



Two Legal Remedies. 



In general, two remedies are open to 

 a buyer of seeds which prove to be of 

 quality inferior to that contracted for; 

 he is entitled to rescind his purchase 

 after discovering the defective condi- 

 tion before sowing, or he may retain 

 the seeds and claim the amount of dam- 

 ages resulting from the seller's breach. 

 This rule has been applied by the Ala- 

 bama Supreme Court to a purchase by a 

 merchant of onion sets which proved to 

 be in bad condition when delivered. 

 (Firth vs. Hollan, 32 Southern Reporter 

 494.) The court said: "There is an im- 

 plied warranty that the sets delivered 

 shall not only answer the description, 

 but that they shall be salable or mer- 

 chantable. * • * The defendant, upon 

 discovery of the condition of the sets, 

 had the right to rescind the sale within 

 a reasonable time and return; or retain 

 them and avail himself of the damage 

 he had suffered, either by bringing his 

 cross-action for the breach of warranty, 

 or by proving their real value and abat- 

 ing the recovery of the price pro 

 tanto. ' ' 



Must Prove Unfitness of Seed. 



But under a contract to raise a seed 

 crop from stock seed furnished by the 

 purchaser, to be paid for at a fixed rate 

 for every pound of ' ' clean and satisfac- 

 tory" seed, upon receipt thereof and as- 

 certainment that it "is vital and fit for 

 seed purposes," it was held by the Kan- 

 sas Court of Appeals that the purchaser 

 could not arbitrarily reject clean and 

 vital seed, fit for seeding purposes, un- 

 der a claim that the same was not satis- 

 factory. (D. M. Ferry & Co. vs. Ballin- 

 ger, 60 Pacific Reporter 824.) 



The Seeds Did Not Grow. 



Under the general principle of law 

 that if an article proves to be worthless 

 for the particular purpose for which it 

 was ordered and intended by both buyer 

 and seller, and to be totally useless for 

 any other purpose, there can be no re- 



Otto Heineoken Horticultural Agency 



WhItohall Building, 17 Battory Plae«p NEW YORK 



Sole American Representative of 



i. HEINS SONS. HALSTENBEK (Genuy) A. KDUflOLZ, QUmiNBURG ^Genuy) 



Vrolt Tree ■took^Forest Trees, 

 Hedge Plants 



High- grade Vegetable Seeds 



H. ZYT ft CO.. USSE (HtUu4) 



Wholesale Bulb Growers 

 BpeolaltT Hraolntbs 



L NEUBERT, WANDSBEK (Geraur) 



Lily of the ValleTi Ul»os for Vorolng 



THE OLD EARN NURSERIES, BOSKOOP (HtUiid) 



Bvergreens, Rhododendrons, Azaleas, Palms. Kto. 



WRITE FOR PRICKS. 



Mention The Review when yog write. 



In coM storage, ready 

 for immediate shipment 



I. Giganteums, L. Auratums and 

 L Speciosum Albums, 8-9 in. 



Write for prices. 



Yokohama Niinery Co., Ltd. Sew yo%( 



Mention The RcTiew when yon wrtta. 



Angnst Rolker & Sons 



^ Qeneral Horticultural Importere 



for tBe-trade only. Send for estimates oi 

 / price lists to 



51 BARCLAY ST.. NEW YORK 



^ er P. O. Box 782 



McntlMi The ReTlew when yon write. 



NEW AND RARE SEEDS 



Unlana collection. Hondieds of rarleties 

 adapted for American use. Perennial 

 and perfectly hardy. Own aavlns. 

 CSataloffue free. 



PBRRY'S HARDY PLANT FARM 

 bfUM. MMdle^sx, ■agtantf 



Mention The B«t1»w when yog write. 



SPECIALTIES 



Our Prepared Ruscus and Magnolia 



Leaves, Ornamental Dried Graeaee. 



Italian Wheat Growers 



For FLORISTS' SUPPUES. at Moderate Prices 



Addim: SOCETA ANONMA ESPORTATRKE 



Lamporecchio, Florence, Italy 



TAmi Unilf Inporter of DUTCH aid 

 JUIin nlLIL rRCNCH BULBS ud SEEDS 



156 Weet 33d Street, NEW TORI' 



Near Penn. Station and L. I. R. R. 



covery of the price, it was held by the 

 "Kansas City Court of Appeals, in. the 

 case of Johnson vs. Sproull, 50 Missouri 

 Court of Appeals Reports 121, that 

 where flax seed was sold to be sowed 

 with a view to raising a crop to be sold 

 to the seller of the seed, and the seed 

 did not grow, though treated with good 

 husbandry, the whole consideration for 

 the farmer's promise to pay failed, and 

 no suit could be maintained on a note 

 given by him for the amount of the pur- 

 chase money. The court said: "There 

 was on the part of plaintiff an implied 

 warranty that the seeds were of a kind 

 that would grow." 



DANISH SEEDS 



Cabbafire, Cauliflower, 

 Carrot, Mangel, Swede, 

 Turnip, etc. 



CHR. OLSEN 



Seed Q rower 



(EatablUhed 1862) 

 ODENSE. DENMARK 



Contract Offers and Sam- 

 ples at your serrioe. 



CiUi Adrircts-"FROOLSEN." Carie: Sth U., k. I. C. 



Amer. Seed Trade Aaan. 

 Mention The ReTlew when yoa write. 



^k for Prices of Seeds (Garden, Farm 

 or Flower) from 



KELWAY'S 



for present delivery or on contract. 

 Special prices now ready. 



LANGPORT, ENGLAND 



C. JONKHEER & SONS 



DUTCH BULBS 

 AND PLANTS 



HiLLEeOM, HOLLRND 



Save money by contractinK' your Seeds 

 directly with a Specialist. 



J. HASSLACH, Seed Grower 

 ST. REMY-DE-PROVENCE. FRANCE 



Ready now to book contract orders for 1914 in 



ASTER, BALSAM, GICLAMBN, DAHLIA, PHLOX, 



PBIMULA gIMBMSIH, ZINNIA, CARNATION, 



FANSlEg, Etc. 



German Stock Seeds 



A GRAND SPECIALTY 



Price list on application 



PAULTEICHER, Striegau, Germany 



OUleat BpAotal House 



BURNETT BROS. 



SEEDS :: BULBS :: PLANTS 

 98 Chambars St.. NEW YORK CITY 



