■'■f'-^'-'.c' .^ ' jr; .1 



86 



The Florists' Review 



NOT£UBBB 12. 1014. 



i > iiiiiil I 



Headguarters for Cold Storage Valley 



IMMEDIATE SHIPMENT FROM COLD STORAGE AT CHICAGO 



Bruns' Celebrated Chicego Market Brand 



$20.00 per 1000; 500 for $10.50 $2.50 per 100; 250 for $6.50 



FANCY CUT VALLEY ALWAYS ON HAND 



H. N. BRUNS, 



3034 

 West Madison Street 



Chicago, 111. 



■«»■ 



Mention The Review when yon write. 



terial for the purposes of the case 

 whether or not it be said that he also 

 acted as the agent of the defendant, be- 

 cause we think the same result would 

 follow in either case. * * * 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 descrip- 

 tion. Defendant knew nothing of the 

 plaintifl in the transaction. Plaintiff's 

 rights against the defendant are no 

 greater than Morton 's would be if he 

 had been the real instead of the osten- 

 sible principal. 



The Disclaimer Upheld. 



"Leaving any question of custom out 

 of consideration, where a certain va- 

 riety of seed is called for, and seed is 

 furnished in response to such call, there 

 is a warranty that it is true to descrip- 

 tion, unless the seller advises the pur- 

 chaser that the sale is made without 

 warranty. ♦ ♦ « There is no doubt 

 that the vender may sell without war- 

 ranty. ' ' 



The proof showed that Mr. Morton 

 ordered the particular seed from one 

 of defendant's catalogues, which con- 

 tained an express disclaimer of any 

 warranty, as did the shipping tag which 

 was attached to the shipment, and the 

 invoice. On this state of facts the 

 couri held that Mr. Morton, as agent 

 for plaintiff, was chargeable with 

 notice of the disclaimer clause, al- 

 though he did not actually read it, and 

 said on this point: "Mr. Morton could 

 not close his eyes to the information 

 that was literally staring him in the 

 face, and then hold the defendant lia- 

 ble because he did so. In matters of 

 contract one must observe what he has 

 reasonable means of knowing." It was 

 further held that it was immaterial 

 that the seed was received before the 

 invoice which contained the disclaimer 

 clause, since it was not claimed that 

 any use was made of the seed in the 

 meantime. 



Knowledge of Trade Custom. 



The jury found that there existed 

 throughout the northwest a custom 

 among seedsmen to refuse to warrant 

 seeds, but that plaintiff did not know 

 of it. It was not found whether Mr. 

 Morton knew the custom or not, but the 

 court said he was presumed to know of 

 it, and added: "It is not the law that 

 i|fnorance of a general trade custom 

 ^elievey^a party from tho effect of it. 

 If there was a general custom among 

 seedsmen such as was f oundrMortpn. as 



HYACINTHS 



^«Ks«^. 



ALSO 



W'. 



.) 



Tulips, Narcissus, Crocus and Iris. 



WRITE FOR SPECIAL PRICES. 



Johnson Seed Company 



PHILADELPHIA. PA. 



Mention The EeTlew when yon write. 



•Bedding 

 Hyacinths 



BEST QUALITY 

 Separate Ck>lors 



$2.00 per ICO 



$lO.0O per lOOO 



JANES VICK'S SONS 



ROCHESTER. NEW YORK 



Mention Th* 11*t1#w when too writr 



SEEDS AND BULBS 



rS are hard at work on our 1915 Seed 

 Caialoeue. which will contain some 

 novel suggestions and real helps. 



W^ 



Send us your card. We i 

 to mlM yuu in the J] 



jiitribf^ I 



J. M. THORBURN & CO. 



In business since 1802 

 53 Barclay St. NEW YORK 



^ " 



) 



^ 



Mention Xha -Review when you writ*. 



SQW NOW 



STOCK FOR WINTERBLOOFONG 



We offer now to the trade, for 

 the first time, a strain of winter- 

 blooming stock which will produce 

 nearly 90']fc double flowers. We 

 call it 



"HEATHERHOME GEM" 



and it appears in three splendid 

 colors, namely: Pink, white and 

 lavender. 



Per Trade Packet, $1.00 each 



The Home of Heather 



Knight & Struck Co. 



1 Madison Ave., NEW YORK 



Mention The Review when yon write. 



QLADIOLI- 



Per ICO 



'ik HtoMllei Alba (Bride) :$0.70 



l^ Bfashing Bride 70 



PerlOOO 



$5.60 



6.00 



8.00 



\ ^ Peach Blossom 90 



LILIES- 



Long. Multiflorum— Per ICO Per case 



7 to 9, 30u to case $6.00 $17.00 



9tol0, 200toca8e..n.lA'..r. 9.dO 18.00 



ST. LOUIS SEED CO , St louis. Mo. 



Mention The Review when 700 writ*. 



o 



