M 



The Florists* Review 



Jdlt 80, 1014. 



are not so good and it is likely there 

 will be more or less complaint regard- 

 ing them again next spring. 



NON-WABBANTT CLAUSE UPHELD 



lu Courts of Washington State. 



The Washington Supreme Court late- 

 ly affirmed judgment in favor of the 

 Seattle Seed Co. in a case wherein it 

 was unsuccessfully attempted to hold 

 the company liable in damages for 

 claimed inferiority of 7,150 pounds of 

 seed peas sold to certain customers 

 (139 Pacific Reporter 866). Two points 

 were involved in the suit. First, it was 

 claimed by the company that, although 

 an order for the peas, upon which a 

 written contract was subsequently 

 based, called for Alaska or Early 

 Alaska peas, the contract did not 

 specify any particular variety. And 

 then the company re'iied upon the fact 

 that there was enclosed in each sack 

 of seed a printed slip bearing the fol- 

 lowing notice: 



' * The Seattle Seed Co. gives no war- 

 raUty, express or implied, as to descrip- 

 tion, quality, productiveness, or any 

 other matter of any seesls they send 

 out, and they will not, in any way, be 

 responsible for the crop. If the pur- 

 chaser does not accept the goods on 

 these terms, they are at once to be re- 

 turned. The acceptance of seeds under 

 these conditions shall constitute your 

 consent to the purchase. ' ' 



The Judge's Argument. 



In affirming judgment in favor of 

 the company, the court said: "On the 

 whole, therefore, we are inclined to 

 believe that the writing of November 

 8 must be accepted as the contract of 

 sale. Assuming it to be the law that a 

 written contract does not preclude 

 proof of a collateral or prior agree- 

 ment concerning the same matter upon 

 which the written contract is silent, 

 and which does not contradict or vary 

 the writing, the only proof that could 

 be added to this writing would be 

 'Alaska or Early Alaska peas,' and we 

 will still have the sale and delivery 

 made subject to the printed condition 

 contained in the seed bags, which the 

 court below has found to be a condi- 

 tion of the sale. There is also in this 

 record evidence that a general custom 

 prevails in the seed trade of making 

 all sales subject to the conditions 

 named on the printed slips. This, 

 coupled with the evidence that the 

 printed slips were placed in each bag 

 of seed, is sufficient to support the find- 

 ing that the sale was made without 

 warranty or condition, and warranty 

 or condition that the seed was true to 

 name cannot be inferred. Blizzard 

 Bros. V. Growers' Canning Co., 152 

 Iowa, 257, 132 N. W. 66; Leonard 

 Seed Co. v. Crary Canning Co., 147 Wis. 

 166, 132 N. W. 902, 37 L. B. A.t<N. S.) 

 79; Ann. Cas. 1912D, 1077. In each of 

 these cases, as in the one before us, 

 there was no evidence that the pur- 

 chaser read the printed matter deny- 

 ing any express or implied warranty, 

 similar to the language on the printed 

 slips in this ease, but the court in each 

 instance held the purchaser was 

 bound." S. 



DISCLAIMER CASE APPEALED. 



The case of Demint vs. Janssen, in 

 the Sangamon County Circuit Court, at 

 Springfield, 111., was appealed July 23, 

 following the action of Judge James A. 



~A~ HUNDRED FOR VNE. 



A sinsle dollar invested in seed of my famous SILVCR PINK 9iMN>IIAOON will start a 

 hundred cart wheels roUlDg your way. We have tol'f you that this vn^M^was the best and most 

 profitable Snapdracon in existence. We here offer some aiditional pro^^Rt 



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Mr. G. S. Rampburg. La Orangeville, N. Y., July 11. m4. 



Dear Sir: - 1 have plants of Sliver Pink from your seed but find that I have not enough and am 

 writing to ask if yuu aell 500 plants at the lOOu rate. I had 1000 of your plants last year and do not 

 think that I evor saw plants furnish so many blossoms. Kindly let me know at once. 



Very respectfully. MRS. A. J. DIDDELL. 



G. S. Ramsburg. Port Jarvis. N. Y., July 11. 1914. 



Dear Sir:— Inclosed find check for 15.00 for seven packets of S. P. Snap seed. I have been very 

 satisfied with them both in and out duors. Yours truly. 



FRANK J. WEISS. 

 G. S. Ramsburg. Upper Sandusky. 0., July 13. 1914. 



Dear Sir: Inclosed find check for $2.00 for 50 plants of Silver Pink from seed. We tried your 

 seed last year in August and thay ar* still brimBlaK In th* dollars. Yours truly. 



CONSTIEN BROS. 



It is safe to follow a grower who knows. We have scores of repeat orders like these. They are 

 a safe guide to you and a great satisfaction to us. 



Sow seed in July and Ausust for a long flowering season. Price of new crop, ll.OO per pkt.; 

 3 for $2 ■' 0: 7 for $5 Go. by parcel post. 



Plants sold out until October when we will have 60,000. Let us book your order early. 

 New cultural directions ready. They go free with every order; to others for a stamp. All 

 orders cash. 



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



Mention The B«ylew when yoo write. 



ORDERS SOLICITED FOR FALL DELIVERY 



The Lily Without a Peer 

 MLY[R'S y BRAND 



FinMtam GIGA^TEUMS UuUmtrwrn 



Lily of the Valley Pips 



French Bulbs 



Azaleas 



Etc. 



CORP. OF CHAS. F M^YER, 99 Warren Street, NEW YORK 



Mention 1 In- Uevlj-w wlipn .rnn write. 



Japan-grown CALLAS 



l}i io 214-inch 

 Write for prices. 



Wttlwtrtb BW| , 



Yokohama Nnnery Co., Ltd. SeX' yorV 



Mention Th«» Re»l«»«- «rh<>n Ton writo 



^ pa p ■% g% Best that crow. We sell dl- 

 mP L L I ■ ^^ rect to srardenHrs and flnrlata at 

 J%F r ll^ wiioliaale. Blar beautiful -ata- 

 Vkk W loKuefree. Wiite today. 



ABCH1A8 8S8D 8T0BB. Box 84, 8EUALIA, MOt 



Mention The Review when you write 



JGINWILK 



Inportcr tt DUTCH a«tf 

 IRINCN BULBS and 5CCDS 



155 Weat 3»fl btrect, NEW TOKK 



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

 ICeatlM llM Bsvtaw 



Unkul Si sez: 



Love your work, love youi' 

 wife, make her love you. 

 then "durn" the other fel- 

 low's "million." 

 Lilium Qisranteum and 

 Rubrum fall delivery. 



N. N. CimU, NorwNd, Ohii 



Mention The Eevlew when yoa write. 



Paper Wkitei, Romans, Freesia, Callas. 

 alio rioiifts' Supplies. 



A fine lot of Hardy Ferns. S2.A0 per 100. stroiK 



clumps. Also JuAoeae Iris. 



Write for special prices. 



DBflCrANT 1*8 ^•■t 0*1* Stree^ 



• RUOLUni, CINCINMATI. OHIO 



Mentloa Tb* Review when tw writs. 



