- ■• ■■.•*i'\-hf ,; 



5S^ 



the plaintiff, and that plaintiff as an 

 undisclosed principal has the same 

 right of action against the defendant 

 that Morton would have had, had he 

 himself planted the seed. 



(1) The facts relied on. by the plain- 

 tiff to show that Morton acted as the 

 agent of the defendant in the transac- 

 tion are wholly inadequate to show 

 that the relation of principal and agent 

 existed between those parties. The de- 

 fendant advertised its seeds in the 

 Wisconsin Agriculturist and other 

 papers. Such advertisements requested 

 prospective purchasers to send for its 

 catalogue. A blank coupon to be used 

 in ordering the catalogue was included 

 in the advertisement. In the coupon 

 there was a blank space in which was 

 to be inserted the "local dealer's 

 name, ' ' and in the advertisement proper 

 this sentence was used: "Use the 

 coupon or write us a postal, giving the 

 name of your dealer, and sign at the 

 bottom of the card with your own 

 name." The language used advised the 

 prospective purchaser that defendant 

 sold its seeds to retail dealers, from 

 whom they might be purchased by 

 those desiring to plant them. We think 

 it is too plain to warrant discussion 

 that this advertisement did not make 

 every retail dealer in seeds in the 

 United States the agent of the defend- 

 ant. Inasmuch as the plaintiff must 

 contend in order to recover that the 

 storekeeper acted as his agent, it is 

 not very material for the purposes of 

 the case whether or not it be said that 

 he also acted as the agent of the de- 

 fendant, because we think the same re- 

 sult would follow in either case. 



In disposing of the case we will as- 

 sume that the evidence was sufficient 

 to warrant a court or jury in finding 

 that the relation of buyer and seller 

 did not exist between the plaintiff and 

 Morton, and that Morton acted as the 

 agent of the plaintiff, an undisclosed 

 principal, in ordering the goods. This 

 is the most favorable view for the 

 plaintiff that the evidence will war- 

 rant. 



(2) It is apparent that the material 

 question in the case is whether the 

 tobacco seed was sold to Morton with 

 or without a warranty that it was 

 true to description. Defendant knew 

 nothing of the plaintiff in the transac- 

 tion. Plaintiff's rights against the de- 

 fendant are no greater than Morton's 

 wo«14 be if he had been the real in- 

 stead'of the ostensible principal. This 

 is frankly conceded by respondent in 

 the brief filed, and advisedly so. 



(3-5) Leaving any question of cus- 

 tom out of consideration, where a cer- 

 tain variety of seed is called for, and 

 seed is furnished in response to such 

 call, there is a warranty that it is 

 true to description, unless the seller 

 advises the purchaser that ttie sale is 

 made without warranty. Hoffman v. 

 Dixon, 105 Wis. 315, 81 N. W. 491, 76 

 Am. St. Rep. 916. There is no doubt 

 that the vendor may sell without war- 

 •ranty. Leonard Seed Co. v. Crarv 

 Packing Co., 147 Wis. 166, 132 N. W. 

 902, 37 L. B. A. (N. S.) 79, Ann. Cas. 

 1912D, 1077. Were the goods so sold 

 to Morton? He had the defendant's 

 catalogue before him when he placed 

 the order and ordered from it. He so 

 testifies. The defendant knew that he 

 ordered from the catalogue, because 

 one of the two items called for was 

 ordered by the catalogue number. Be- 

 tween the cover and the first page of 



The Florists' Rcvfew ^ jo^ ». i9i4 



REPEAT ORDERS 



There is no evidence pertaining to the quality of an article more convincing thau 

 its continued use by satisfied patrons. Every mail brings repeat orders for seed 

 and plants of my original SILVER PINK SNAPDRAGON— some of them coming 

 for the third season, and iij nearly every instance with increased orders. No word 

 from us could make the case stronger. Send your order today and sow the seed ia 



t 



II 





5 s-g 



^ ^ o 

 X 2.: 



O o 2 

 W * *■ 



(V 



July and August for Dollars 



To those not yet acquainted with our seedling Silver Pink, we will say that it 

 is THE Snapdragon of the age. Its color is that soft, silvery, shell pink so popu- 

 lar the world over. Productiveness is also a strong point, and we challenge the 

 world to produce its equal, either from seed or cuttings. 



New crop seed at $1.00 per trade pkt.; 3 for $2.50; 7 for $6.00. 



Fine, stocky plants, ready to bench for fall blossoms, at only $4.00 per 100; 

 $35.00 per 1000. Free cultural directions. All orders cash. 



G. S. RAMSBURG, - SOMERSWORTH, N. H. 



MentlMi The B«t1<w when yoa write. 



NEW WINTER-FLOWERING SWEET PEA 



ROSE QUEEN 



If you are a arrower of Wintcr-flowerina: Sweet Peas, you naturally look for the 

 very best strain procurable. The Indianapolis Sweet Pea called "ROSE QUEEN" is 

 without question the finest Sweet Pea introduced for many a year. Orchid-flowerintr. 

 borne on lonir stems, extremely free and early and of a pink color most attractive, it is 

 a decided acquisition, and like all meritorious novelties is sure to be in demand wherever 

 arrown. 



Till fsHawiai Icttirt frin mes in Ike trade, wtH ksawa even whtrt, sm>Ii far Ibeatthrts: 



Gentlemen:— Indianapolis, Ind.. April 14, 1914. 



We have handled the pink sweet pea,"Rose Queen," in large quantities for several years, 

 and can heartily recommend it to any grower or retailer as a good keeper and fine seller. It 

 is easily the best sweet pea shown in this market. Respectfully, A. WIEOAND'S SONS CO. 

 Oentlemen:— Indianapolis, Ind., March 14, 1914. 



We take pleasure in conscientiously recommending Mr. A. Pittet's new sweet pea. 

 "Rose Queen " It is the new Orchid type, and has these advantages: They bloom earlier 

 than any other Orchid type on the market are a wonderful producer, and bave a clear pink 

 color unsurpassed. We think the price of the seed is a small item. Very truly yours, 



BERTERMANN BROS. CO. 

 Dear Sir:— Richmond. Ind., April 20, 1914. . 



We are glad to write you a line concerning your beautiful pink Sweet Pea. To our mind 

 it is the most beautiful variety of its color, being large in size, long-stemmed, the tint brit'Q' 

 and exceedingly clear and, best of all, the variety is a wonderful keeper. We do not belif-ve 

 there is another sort that will keep, when cut, as finely as this variety. It has been a gri^at 

 favorite in our stores. Yours very truly, THE E. O. HILL CO- 



Pric*: 1 oz., $12.00; S oz., $S3.00; 8 ez^ $SO.OO; i lb., f 180.00 



No order accepted for less than one ounce. 

 ORDKR EARLY STOCK IS LIMITIO 



S. S. SKIDELSKY 



1004 Betz BuildinK. 



& CO., 



Philadelphia, Pa. 



ALBERT 



PITTET. 



Indianapolis, > 



d 



Mention The Review when yon write. 



