66 



The Florists' Review 



Jdlz 23, 1914. 



Our Motto: 



PUCE YOUR MrORT ORDERS NOW FOR FALL DELIVERY 1914 



CHAS. SCHWAKE & CO., inc. 



Horticultural Importoro and Exportors 



•0.92 WEST BROADWAY, NEW YORK 



Mention The Borlaw when yoc write. 



Tho BEST tho Marfcot Affords. 



Lil. Gigantaum and Multiflorum, ^ 

 HOHMANN'S LILY OF THE VALLEY, 

 Papar Wkita Narcisaus and Roman H]raointIi«, 

 Dotcli Bulbs, Englisli Goldan Spnr, 

 Azalaas, Palma, Rosas, ate. 



WRITE FOR PRICES 



The lirst freesias of the season arrived 

 at New York, from Bermuda, July 13. 



CANTALOUPE CAME CUCUMBER. 



A Test Case in Tennessee. 



While the trade as a body will be 

 interested in the case of Lebow vs. 

 Kaiser Bros., now pending retrial in the 

 Circuit court at Knoxville, it is of spe- 

 cial importance to the seedsmen of Ten- 

 nessee for the reason that it is in the 

 nature of a test case, the first of its 

 kind known in the history of jurispru- 

 dence in that commonwealth. 



Since the case is to become a prece- 

 dent, the seed trade of Tennessee has 

 rallied to the assistance of the defense, 

 but the attorney for the trade interests 

 has not seen fit to make the issue on 

 the disclaimer, which is, perhaps, to 

 be regretted, since it appears to be the 

 straight line, the shortest course be- 

 tween the two points. 



History of the Caae. 



Oscar D. Lebow visited the seed store 

 of Kaiser Bros., asking for a small 

 quantity of seed of Emerald Gem canta- 

 loupe. His order was filled. Later Le- 

 bow made complaint that his crop turned 

 out to be cucumbers and demanded com- 

 pensation beyond the sum paid for the 

 seed, which was refused. Lebow brought 

 suit in a magistrate's court. 



In the trial the plaintiff acknowl- 

 edged that the seeds delivered were 

 proper in form, being large, fat and yel- 

 low, and that he accepted them on their 

 appearance as being cantaloupe seed. 

 He swore, however, that he planted 

 these identical seeds, that the plants 

 proved to be cucumber and that the 

 crop was practically worthless to him. 

 The measure of damages claimed was 

 the difference between what actually 

 was realized and the sum which sup- 

 posedly would have- been obtained for 

 a crop of Emerald Gem melons. The 

 evidence for the defense showed that 

 Kaiser Bros., in their store, on their 

 stationery and especially on their labels, 

 made proper use of the disclaimer as 

 adopted some years ago by the Ameri- 

 can Seed Trade Association, but no spe- 

 cial emphasis appears to have been put 

 on the trade custom in this respect and 

 the magistrate gave judgment for the 

 plaintiff in the sum of $75 and costs. 

 Kaiser Bros, appealed. 



In the Circuit court plaintiff amended 

 his complaint so as to aver in substance: 

 "A plea for damages resulting from 

 negligence or fraud in the sale of seed 

 for the purpose of planting and produc- 

 ing a crop of Emerald Gem melons." 

 On presentation of the case the judge 

 discharged the jury and announced that 

 he would dismiss 'the case. This was 

 on Friday. On the following Monday 

 the judge had changed his mind, recalled 

 the jury and the trial of the case pro- 

 ceeded. It resulted in a judgment of 

 $41.50 and costs. The court denied a 

 new trial and Kaiser Bros, again ap- 

 pealed. . /-, i. 



In presenting the case to the Court 

 of Civil Appeals, A. C. Grimm, attorney 



-TO THK TRAOB- 



UFIIDY IIFTTr QUEDUNBURG, GERMANY 



IILllll I Ifib I I Lq (EstabHoliod In 17S4) 



^^^^■^■^ QROWER and EXPORTER on tha vary larsaat acala at aU 



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 Cinerarias, Gloxinias, Larkspurs, Nasturtiums, Panaiaa, Petunias, Phlox. Primulas. 

 Scabiovs, Staeka, Verbenas, Zinnias, etc. Catalogue free on application. 



HENRY METTTS TRIUMPH OF THE OIANT PANSIES (mixed), the most perfect 

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Mention The Review when yon write. 



DANISH PANSY SEED 



Wlboltfa Danlah Exhibition per lb., $20.00; per oz., $2.00 



Gk>od Mixture / per lb., 3.00; per oz., .30 



Extra Fine Mixture .V....^ per lb.. 4.00; per oz.. .36 



Olant Trlmardaau MIxtura .'.i per lb., 8.00; per oz.. .60 



Postpaid. Cash with order. 



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Mention The Bevlew when you write 



PANSY SEED 



From tha Oldast Pansy Specialist 



C. SCHWANECKE 



OSCHBRSLBBEN, OBRMANT 



Established 1852 Per Oz. 



Schwanecke's Giant-flowered Improved 



Trlmardaau $1.50 



Schwanecke's Giant-flowered Improved 



Caaalar 3.76 



Schwanecke's Giant-flowered Improved 



Oarmania . 3.75 



Schwanecke's Giant-flowered Improved 



Busnota 3.00 



Schwanecke's Giant-flowered Improved 



Odiar 2.60 



Prica Uat Sant Praa 



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DUTCH BULBS 

 AND PLANTS 



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Save money by contractinsr your Seeds 

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J. HASSLACH, Seed Grower 

 ST. REMY-DE.PROVENCE, FRANCE 



Ready to be sent out: 



Chabaud and Quillot Carnation, Marguerite 



Carnation, Qiant Pansy. Primula Sinensis, 



Cyclamen, Daisy. 



Mention The Review when you write. 



German Stock Seeds 



A GRAND SPECIALTY 



Price list on application 



PAUL TEICHCR, Striegau, Germany 



Oldast Spaolal Houaa 



DANISH SEEDS 



Cabbage, Cauliflower, 

 Carrot, Mangel, Swede, 

 Turnip, etc. 



CHR. OLSEN 



Seed Qrower 



(Establlahed 1862) 

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Contract Offers and Sam- 

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CsHt Udms-"FIOOLSEI." Cate: S* Ed.. A. B. C. 



Amer. Seed Trade Assn. 

 Mention The Review when yog write. 



Ask for Prices of Seeds (Garden, Farm 

 or Flower) from 



KELWAY'S 



for present delivery or on contract. 

 Special prices now ready. 



LANGPORT, ENGLAND 



NEW AND RARE SEEDS 



Unique collection. Hundreds of varieties 

 adapted for American use. Perennial 

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 Catalogue free. 



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price lists to 

 51 BARCLAY ST., NEW YOPK 



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X ^- 



