74 



The Florists' Review 



NOVEMBEB 19, 1914. 



The Farmers ' Nursery Co., of Troy, O., 

 last week purchased eleven acres of land 

 in Butler township, from F. A. and Sarah 

 J. Suber. 



Henry Hansen, for some years in bus- 

 iness at Long Grove, la., has formed a 

 partnership with E. M. C. Eohlf, of the 

 Alta yista Nursery, at Davenport, la., 

 and expects to move in the near future. 



Peterson Nursery, Chicago, reports 

 more business on its books than at this 

 date in any recent year, mostly public 

 and subdivision planting, but including 

 several excellent private landscaping con- 

 tracts. 



An immense sign-board, in plain view 

 of passengers on the trains which pass 

 by the grounds, is used by the Elm City 

 Nursery Co., at its new establishment at 

 Woodmont, Conn., to attract the notice of 

 the public. 



The court has ordered the sale of the 

 real property of the Phoenix Nursery 

 Co., Bloomington, 111., at public auction, 

 January 16, 1915. John Y. Chisholm is 

 receiver. It is one of the oldest and best 

 known nurseries in the United States. 



A CARLOAD of evergreens, shrubs and 

 vines has been shipped by the Bay State 

 Nurseries, of North Abington, Mass., to 

 the Panama-Pacific exposition at San 

 Frjincisco. This stock is donated for ex- 

 hibition purposes and will be planted 

 about the Massachusetts building. 



As long as there are "crooks" there 

 wUl be "suckers" to make their devious 

 ways prosperous, proving that P. T. Bar- 

 num was a wise man when he said that 

 people want to be fooled. Some Wiscon- 

 sin horticulturists are finding that the 

 "seedless" raspberry bushes they bought 

 from alleged nursery agents produce fruit 

 that causes persons with bad teeth as 

 much inconvenience as ever. 



DUTY ON EHODODENDEONS. 



The Board of United States General 

 Appraisers at New York has just over- 

 ruled the protest of P. Ouwerkerk, who 

 objected to the collector's assessment 

 on Rhododendron ppntica at twenty-five 

 per cent ad valorem under paragraph 

 264 of the 1909 tariff act as nursery 

 stock. The importer claimed the mer- 

 chandise was entitled to fre« entry un- 

 der paragraph 668 as evergreen seed- 

 lings. 



MOVE FOE UNITOEM INSPECTION. 



Uniform laws in regard to the in- 

 spection of nursery stock are coming 

 closer and closer to being accomplished 

 facts in the Pacific coast states and 

 particularly in the Pacific northwest. 

 The horticultural commissioners of the 

 four northwestern states are meeting in 

 conference in Spokane this week, during 

 the national apple show, with the object 

 not only of checking over the progress 

 of the work in the "Various states, but 

 also of agreeing upon modifications of 

 present laws so as to promote uniform- 

 ity. A greater step in this direction is 

 being taken by Governor West, of Ore- 

 gon, who has invited the governors of 

 all the Pacific coast states, as well as 



Montana, Wyoming, Colorado and Ari- 

 zona, to be present at Corvallis Novem- 

 ber 31 and December 1, to meet with 

 the legislative committees of the Oregon 

 State Horticultural Society and the 

 state board of horticulture. At this 

 meeting a uniform law will be agreed 

 upon by the members of the two com- 

 mittees and the governors or their dele- 

 gates, which will then be introduced in 

 the legislatures of the states interested. 



WHY ONE SUIT FAILED. 



Otto Hubenthal, doing business as the 

 Spokane Nursery, has just lost a suit 

 in the Washington Supreme Court, on 

 the ground that his suit purported to be 

 one to recover the purchase price of 

 nursery stock under an ordinary sale, 

 whereas the proof offered by him showed 

 that the stock was delivered to defend- 

 ants upon consignment and under an 

 agreement that when the trees should 

 be sold, defendants would remit the 

 proceeds, less a commission of twenty- 

 five per cent. The trial judge permitted 

 plaintiff to amend his claim to conform 

 to the proof, and awarded judgment in 

 plaintiff's favor, but, on defendant's 

 appeal, the judgment was reversed, on 

 the ground that a person cannot sue on 

 one theory and recover on another. On 

 this point the court said: 



"The plaintiff pleaded a contract of 

 sale and proved a consignment. Between 

 these two contracts there is a marked 

 distinction. In a sale the title passes 

 to the vendee, while in a consignment 

 the title does not pass to the factoj or 

 broker. A failure on the part of the 

 vendee, under a contract of sale, to 

 meet the obligations incurred by his 

 purchase subjects him t)nly to a money' 

 judgment, while a failure of the factor 

 or bfOker to properly account for goods 

 or merchandise held by him on consign- 

 ment when sold, not only may subject 

 him to a money judgment, but to a more 

 serious penalty under the criminal law. 



There appears to be no alternative but 

 to sustain the claim of the error. It is 

 not a harsh rule, however, when the 

 facts, as in this case, are within the 

 knowledge of the plaintiff, to require 

 that they be set forth truthfully in the 

 complaint." (Hubenthal vs. Creighton,. 

 143 Pacific Reporter 98.) 



While it should be interesting to lay- 

 men to note the principle of law thus 

 decided, the responsibility for such a 

 mistake in procedure as occurred in the 

 case above mentioned ordinarily will be 

 found to rest with plaintiff's attorneys,, 

 rather than with plaintiff, who has the 

 right to rely upon his attorneys to bring 

 suit in proper form. 8. 



HEAEING ON CITEUS CANKEE. 



The Department of Agriculture has 

 information that a dangerous disease 

 of citrus plants known as the citrus 



The Highway to Hardy Perennials 



Leads Straight to the 



PALIS ADESi NURSERIES 



'THERE you will find all kinds, and 

 *■ you can take your pick from the beat 

 that grow. Perennials add a feeling of 

 permanency to your home surroundings. 

 They change their plumage, but not their 

 face, and keep reflecting the seasons all 

 the year aiound. 



FALL PLANTINQ-To grow most hardy 

 perennials and old - fashioned flowers 

 succe-sfully. plant in October and No- 

 vember, like planting Spring- flowering 

 bulbs. They then root during Fall and 

 Winter, and are ready for Spring and 

 Summer blooming. 



No grounds are really gardened without 

 a big showing in perennials. We are 

 headquarters for perennials, and assure 

 the widest latitude in choice aa well as 

 the most courteous promptitude in cor- 

 respondence and bervice. Our motto— 

 "Maximum Quality at Minimum Cost." 



Write R. W. Clucas, Manager 

 Palisades Nurseries 

 Sparkill, New York 



Mention Tbe Reylew when yon write. 



Headquarters for 



CaliDia Piivet HeM 



Fully half a miljflon plants for sale. 



2-year 3to4 feet 



3-year 3to4 feet 



3-year 4to5 feet 



For screens 5 to 6 feet 



For screens 6to7 feet 



1-year 12 to 18 inches 



1-year l^u to 2 feet 



2-year 1^ to 2 feet 



2-year 2 to 2^2 feet 



2-year 2 to 3 feet 



2-year 2I2 to 3 feet 



All well branched, bright and clean. The two and three year grades have 

 been cut back one or more times. Especially attractive prices in car lots. 



RFRRPRK TIITTNRPV(!II Transplanted, stocky planls. 9 to 12 inches, 12 

 DLUDLIUJ IQUnDLHUll _^ jg i^djeg and li<2 to 2 foot sizes by the 1000. 



J. T. Lovm, 



Monmouth 

 Nurtery 



Little Silver, N. J. 



MsBtlon Tbs Berlew when yoa write. 



