56 



The Florists' Review 



July- 0, 1914. 



eral custom that seed is not warranted, 

 it is unnecessary for the seller to notify 

 the purchaser that he .3oes not war- 

 rant the article by placing disclaimers 

 on the packages and invoices. 



Text of the Court's Opinion. 



Appeal from Circuit Court, Vernon 

 County; action by Samuel C. Eoss. 

 against Northrup, King & Co. 



The defendant is a wholesale dealer 

 in garden and field seeds. It advertised, 

 its seeds quite extensively; such adver- 

 tisements suggesting to prospective pur- 

 chasers of seeds that they send for de- 

 fendant 's catalogue, and also advise 

 it of. the name of the prospective pur- 

 chaser's local dealer. The plaintiff is 

 a farmer, who, in the spring of 1911, 

 was intending to plant about twenty- 

 acres of tobacco. He saw one of de- 

 fendant 's - catalogues in which was ad- 

 vertised "Comstock Spanish Tobacco 

 Seed. ' ' He desired to raise the variety 

 of tobacco produced from this seed, and 

 called on three local dealers in Viroqua 

 in the^pring of 1911 to purchase the 

 same. None of, these dealers had any 

 of this'seed in stock, so he called on a 

 fourth dealer, one Morton, who also ad- 

 vised him that he did not have any of 

 this seed on hand. The plaintiff then 

 stated that he. would himself order the 

 seed from the defendant. Morton then 

 informed him that he was handling 

 some seeds of the defendant, and would 

 send and get the tobacco seed for him, 

 and it- was finally arranged between 

 them that Morton should order one 

 pound of this variety of tobacco seed. 

 The order was dated March 27. When 

 the order was received, the defendant 

 did not have any of this particular va- 

 riety of seed on hand, and sent to Vir- 

 ginia for it. This order apparently 

 was promptly filled, except that the to- 

 bacco seed which was sent in response 

 thereto was not Coinstock Spanish to- 

 bacco seed. It was not possible to tell 

 from an examination of the seed itself 

 that it was not of the variety ordered. 

 The defendant shipped this seed to 

 Morton April 8, 1911, who thereafter 

 notified the plaintiff of its arrival. The 

 seed was taken by the plaintiff and 

 planted by him, and proved to be an 

 inferior variety of tobacco, or one 

 which was not adapted to the soil in 

 which it was planted.' The defendant 

 did not know of the circumstances un- 

 der which the seed was ordered, and so 

 sold the same to Morton in the ordi- 

 nary course of business. Plaintiff 

 brought action against the defendant 

 to recover damages for breach of war- 

 ranty. Other facts essential to an un- 

 derstanding of the issues in the case 

 will be found in the opinion. 



The jury returned the followiug spe- 

 cial verdict: 



"Question 1: Was the sale of the 

 package of tobacco seed in question 

 sold by the defendants to the plaintiff? 

 Answer: Yes. 



"Question 2: Was there at the time 

 of said sale a general custom in the 

 northwest, including Wisconsin, among 

 seedsmen such as the defendants, to 

 refuse to warrant seeds t Answer: Yes. 



"Question 3: If you answer ques- 

 tion 2 'Yes,' then did the plaintiff 

 have knowledge of the same at the 

 time he purchased said seed! Answer: 

 No. 



"Question 4: Was there a disclaimer 

 printed upon the bag in which the seed 

 was delivered to the plaintiff? An- 

 swer: -No. 



"Question 5: Was the seed in ques- 



ORDERS SOLICITED HHt ^f^L 0£LV 



Lily M the Valley Pips 

 ^: Azaleas '^- 



Etc. V ' 



The Lily Without a Peer 

 MIYER'S y BRAND 



FtrmtMM GIGANTQJMS MultHlanM 



CORP. OP CHAS. P. MEYER. 99 Wtrren Street. KEW YORK 



-*-► 



Mention The Review when yon write. 



ASPAKAGDS PLUNOSUS NAMIS SEED 



Fresh, true to name» best quality, ^ ' ^ 

 For quick sale, $1.25 per 1000; 10,000 and over, $1.00 per 1000. 



DRAKE rOMT GREENHOUSES, - ■ YALAIM, FLA. 



Mention The Review when yon write. 



CYCAS'RCVOLUTA STEMS 



Strong and healthy bulbs, sizes ^ to 6 lbs. 25 

 lbs.. $2.50; 100 lbs.. S8.00; 800 lbs., $23.50; 600 lbs.. 

 $37.50; ICOO lbs.. $70.00. 



TUBEROSE BULBS 

 Exc*l*lor, DeHbto P*arl Dwarf. 4-6-inch, 

 $1.00 per 100; $8.00 per 1000. 



OLADIOLUS 



Moora's Spaelal MIxtura. Light colors, 

 $12.00 per 1000; all colors, $10.00 per 1000. 

 Tabaraua-Raatad BEOONIAS-Lirie Bulbs 



Single in separate colors, 3Sc per doz.; $2.00 

 per 100; $1H.OO per 1000. 



Double in separate colors, 50c per doz.; $3.00 

 per 100; $25.00 per ICOO. |^. 



Send for ourwholesalefloristcatalogue-it'sfngp, . 



THE MOORE SEED CO. 



125 Market St.. PHILADELPHIA, P;^ 



Mention Th« Review when you write. 



Routzahn Seed Co. 



ABBOYO GBAHDB, GAL. 



SWEET PEA and NASTURTIUM 

 SPECIALISTS 



Wholesale growers of full llsti of TUOWtM mad 

 OABOEN SEEDS 



Mention The Review when yon write. 



Westeni Seed & Irrigation Co. 



Saad Grawars and Daalare 



Specialties: 



Oijpiimber, Musk and Watermelon, 



Pozupkin, Saoash, Sweet and Field Com. 



FREMONT. NEB. 



nELD.WALLERSEEDCO. 



Spaelallato In 

 SWEET l*EAS-NASTURTIUM SEEDS 



Prices on Application 



CTMUmitE, MURHim 



SWEET PEA SEED 



Write for our Price List. 



S. BRYSON AYRES CO. 



Swaat Paa Farm, 

 Swiny Slap*. INDEPENDENCE. MOb 



Paper Wiiites, Romuis, Freesia, Callas, 

 also rifrists' Supplies. 



A fine lot of Hardy Ferns. $2.50 per 100, strong 

 clumps. Also Japanese Iris. 



Write for special prices. 



1S8 West etli Street, 

 CIMCINNATf, OHIO 



D. RUSCONI, 



All Seeds and Bulbs sold 

 by Ttiorburn are always of 

 the very highest quality 

 and true to name. ' 



ASPARAGUS 



Plumosu* Nanus 



Per 1000 



1000 ....$2.00 



. iS:?-::::::: i&J' '^ W.SO per IMO 



TUBEROSES 



Dwarf Double Pearl. 

 .>^xtra large size. 



'Q^^&md^ 



"Tbc most reliable seed*" 

 sa Barclay St. New York. N.T. 



Mention The Review whep yoa write. 



*MV NEW 



WINTERFLOWERING ORCHID 

 SWEET PEA 



List has been mailed. If you have 

 not received a copy, ask for It. 



My ne>v instructive book 



Commercial Sweet Pea Culture 



is on the press. Price, 50c. 



Ant. C. Zvolanek 



LOMPOC, CAL. 



Watch for oar Trade Hark Stamped 

 on every brick of Lambert'8 



Put Cnhve Nuknom Spawi 



Snbstltatlon of cheaper gradea is ttn* 

 easily ezpoaed. Freeh sample brick. 

 ^^^-'X^^ with lUnstrated book, maUed poetp^ 

 ^W, C^^ by mannfactarers npon receipt oi • 

 ^s^^x*'^ cents In postage. Address 



rrads Mark. AmHgm SpMM C^ SL Pad. Mii» 



HELLERS 

 MICE 



PROOF 

 SEED 



CASES. 



Sorf f tr (jtaiagM. 



HELLER & CO. 



Montpefier, Ohio 



BURNETT BROS. 



SEEDS :: BULBS t: nJlNT»| 

 M ClHimbars St.. NIW YORK CITY 



