July 9, 1914. 



TIk Florists' Review 



91 



tract, and one may be bound thereby, 

 although ignorant, unless the other 

 party be shown to have knowledge of 

 his ignorance." Gehl v. Milwaukee 

 Produce Co., 105 Wis. 573, 580, 81 N. 

 W. 666, 668. 



Replying to the argument of counsel 

 in another case, that a custom in order 

 to be binding must be known to both 

 parties to the contract, or it must have 

 existed a sufficient length of time to 

 rai'P a presumption of knowledge, the 

 coiiit said: "That rule, of course, pre- 

 vails in case of an attempt to annex 

 to i contract some incident not ex- 

 pn ^scd therein, as in the case of 

 Hewitt V. John Week Lumber Co., 77 

 Wi'^. 548 (46 N. W. 822), where the 

 question was whether the owner of a 

 sawmill, under his contract to saw logs 

 by the thousand, was entitled to the 

 slalis. There is a difference between 

 eviilence of usage to establish a cus- 

 toii) tor the purpose of annexing that as 

 an incident to a contract and the same 

 kiml of proof to show the meaning of 

 some word or term used in a contract. 

 In the latter situation the meaning of 

 the term as understood at the time and 

 plai'c of the contract governs, whether 

 both of the parties knew of such mean- 

 ing or not. They are presumed to con- 

 tract with reference to the meaning of 

 words and terms used by them, as such 

 words and terms are understood at the 

 place of their contract." Shores Lum- 

 ber Co. V. Stitt et al., 102 Wis. 450, 455, 

 78 N. W. 562, 564. 



The case at bar is in its facts very 

 much like one recently decided by the 

 Supreme Qourt of Iowa, from which we 

 quote the following: "The alleged lia- 

 bility of the Younkerman Seed Co. 

 may be considered first. The evidence 

 that a general custom, such as pleaded, 

 prevails in the seed trade was conclu- 

 sive. The particular package had the 

 printed matter thereon, and, though this 

 may not have been noticed, the sale is 

 presumed to have been negotiated with 

 reference to the general custom of the 

 trade. * » * This being so, a war- 

 ranty that the seed was true to name 

 could not be inferred, and the court 

 "ghtly found in favor of the Younker- 

 man Seed Co." Blizzard Bros. v. 

 Growers' Canning Co., 152 Iowa, 257, 

 259; 132 N. W. 66, 67. This case is 

 cited with approval in Leonard Seed 

 !-o. V. Crary Canning Co., 147 Wis. 166, 

 132 N. w. 902, 37 L. E. A. (N. S.) 79, 

 Ann. Oas. 1912D, 1077, where the ma- 

 terial facts in the Blizzard case are set 

 forth. 



Speaking of a general custom per- 

 lainuifr to the manner in which mines 

 ^ere operated, the Iowa court in an- 

 other case said: "Again, it is said 

 "'•^rc IS no showing that defendant had 

 notice or knowledge of the custom, 

 "'s IS not necessary. The custom or 

 '^a^'^ lieing shown by competent evi- 

 enoe the defendant is presumed to 

 /^f had knowledge thereof. This is 

 "'"hin.ental." Thayer v. Smokv Hol- 

 ,7.' -ill Co., 121 Iowa, 121, 127,^96 N. 

 '\/'N7l9. 



oral "*'®^ ^^ ^*^ applicable to, a gen- 

 *ith ''',"^*^*''n should not be confounded 

 ■Ur, ! wi^® applicable to a local custom. 

 ]o.," . ^"en Lumber Co. v. Wilkinson, 



nJ Jirgued that the evidence was 

 a ap." '?'^»* to warrant the finding of 



K*">ieral custom Wo thir,^r u »r„o 



(h; m.'^^stom. We think it was 



Do you know that we manufacture every type of boiler known from the 

 smallest house heater to the largest 600 H. P. Water Tube Steam Boiler? 

 It is our policy to advise the prospective customer without prejudice per- 

 taining to any matters regarding the question of boilers. 



The Kroeschell greenhouse boiler Is a very high grade artirle, only the best material Is 

 used; the Inside shell is 90.6 pure iron (rust reslHtlng) and the tubes are 3/16 of an inch 

 thick — no other boiler In the world equals this high standard. 



QUICKEST WATER HEATER IN THE WORLD 



In oriler that you may become better acquainted with our boiler we are 

 taking the liberty to refer you to some of our custonaers. We invite you 

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 point blank, "What do you think about the Kroeschell and why have you 

 ordered the Kroeschell boiler again and again?" 



conclusions which follow 



suml"'*^ foregoing discussion may be 

 ""^--'ized as follows: (1) The de- 



MILWAUKEE, WISCONSIN 



MESSRS. GRUNWALDT BROS., NORTH MIL- 

 WAUKEE 



No. 15 Kroeschell Boiler 



MR. WM. MANKE, 



No. 14 Kroeschell Boiler 



.MR. FRED MANKE, NORTH MILWAUKEE 



No. 7 Kroeschell Boiler 



MR. NIC ZWEIFEL. NORTH MILWAUKEE 

 No. 15 Kroeschell Boiler 



MR. HERMAN BOEHLKE, NORTH MILWAU- 

 KEE 



No. 7 Kroeschell Boiler 



FOREST HOME CEMETERY, ( 



No. 14 Kroeschell Boiler 



MR. JACOB FREYTAG, 

 No. 5 Kroeschell Boiler 



GREENWOOD CEMETERY ASSN. 

 No. 7 Kroeschell Boiler 



MR. ALBERT GROTH, 



No. Kroeschell Boiler 



MR. FRED C. KAISER, 

 No. 9 Kroeschell Boiler 



MUELLER GREENHOUSE CO.. BROWN DEER 

 No. 14 Kroeschell Boiler 



MR. GUST A. POHL, 



No. 11 Kroeschell Boiler 



MESSRS. C. 0. POLLWORTH CO. 

 No. 15 Kroeschell Boiler 



MR. ERNEST PRAEFKE, 



No. 11 Kroeschell Boiler 

 .MR. OUST SELLHORN. 



No. 5 Kroeschell Boiler 



MR. HERMAN SMITH, 



No. 12 Kroeschell Boiler 



MR. HENRY S.MITH, 



No. 8 Kroeschell Boiler 



MR. AUG. WEGENER, 



No. 11 Kroeschell Boiler 



.MR. E. H. HOCHMUTH, WEST ALUS 

 No. 3 Kroeschell Boiler 



MR. THOS. COONEY. BAY VIEW 



No. 7 Kroeschell Boiler 



THE REWARD OF MERIT 



A few years ago we placed our first Kroeschell boiler In the St. Louis territory and the good 

 work this boiler Is doing has made many new customers for the Kroeschell. This year we are 

 placing si.^ more large Kroeschells in this section. We Invite you to call on these people and 

 make inquiries concerning the claims we make for the Kroeschell. 



ST. LOUIS, MISSOURI 



MR. W. J. PIIXHER, KIRKWOOD 



1 No. 3 Kroeschell Boiler 



1 No. 13 Kroeschell Boiler 



1 No. 6 Kroeschell Steam Boiler 

 MR. GEO. HECHT, R. R. No. 1, CLAYTON 



1 No. 4 Kroeschell Boiler 



MR. JOHN HECHT, JR.. R. R. No. 38. ANGLUM 



1 No. 4 Kroeschell Boiler 

 W. A. ROWE. KIRKWOOD 



1 No. 7 Kroeschell Boiler 



MR. 11. W. GROSS, WEBSTER GROVE 



1 No. C Kroescholl Boiler 



MESSRS. WENZEL & HECIIT, R. No. 38, 

 ANGLUM 



1 No. 8 Kroeschell Boiler 



MARY yi. SCOTT & SON, 4225 SIIREVE AVE., 

 ST. LOUIS 



1 No. 4 Kroeschell Boiler 



MR. BEN. ALBERS, BOBRINGVILLE, ST. 

 LOUIS COUNTY 



1 No. 4 Kroeschell Boiler 



MR. JOHN J. WUNDERLI. R. F. D. NO. 2. 

 CLAYTON 



1 No. 7 Kroeschell Boiler 



MR. ALBERT SENGER, 4335 LEXINGTON 

 AVE., ST. LOUIS 



1 No. 9 Kroeschell Boiler 



OAKLAND FLORAL CO., OAKLAND, E.\ST 

 KIRKWOOD 



1 No. 4 Kroeschell Boiler 

 1 No. 5 Kroeschell Boiler 



KALISCH BROS. FLORAL CO.. 450C DELMAR 

 BLVD., ST. LOUIS 



1 No. 4 Kroeschell Boiler 



.MR. W. A. ROWE. WOODBINE & VAN BUREN 

 AVE., KIRKWOOD 



1 No. 4 Kroeschell Boiler 



MR. JACOB A. KROPP, R. R. NO. 27, CREVE 

 COEUR 



1 No. C Ivroeschell Boiler 



MR. A. S. CERNY, KIRKWOOD 

 1 No. 11 Kroesc'ticll Boiler 



MR. CHARIES MEIER, R. F. D. NO. 5, WEB- 

 STER GROVE 



1 No. 9 Kroeschell Holier 



MU. HENRY MEIER. U. 5, BOX 75. WEB.STER 

 GROVE 

 1 No. 9 Kroestneil Boiler 



BUY DIRECT- FACTORY TO USER PRICES 



KROESCHELL BROS. CO., 



444 W. Erlm Str««t 

 CNICAQO, ILL. 



