- „., ., — .^^.^^y.^-^-^,, 



The Florists' Review 



DaCSMBBB 3, 1914. 



There is no longer any alarm about 

 the supply of burlap bagging for baling 

 nursery stock. 



The Bowmanville Nurseries, Inc., C?hi- 

 cago, has been incorporated by Charles S. 

 Brennan, Helen Brennan and Peter W. 

 Flood. The capital stock is fixed at 

 $2,500. 



Henky Lee, for many years connected 

 with . a leading Newark, N. Y., nursery, 

 has purchased a farm of 121 acres near 

 So<lus, N. Y., which he will use for 

 nursery purposes. The price paid was 

 $6,000. 



Unusually heavy shipments of stock 

 to California are being made by Oregon 

 nurserymen, who are now at the height 

 of the season's trade in Oregon-grown 

 stock. Bosea are being lifted in large 

 quantities. 



(Tss- newest of the nursery concerns 

 oti, Shenandoah, Ta., Cleveland & Morse 

 8^ a^^dy well established and are 

 makiSJI'ii substaotial growth. Tae part- 

 jteirsh{p-»comprises l.^'B. Cleveland and 

 Oii F. Morse. 



OTICE of the uninterrupted continua- 

 n of the ownership and management 

 the Spring Hill Nurseries, at Tippe- 

 canoe City, O., by W. Fletcher Bohlender 

 apd Harry N. Kyle, respectively son and 

 s6n-in-law of the late Peter Bohlender, 

 ^o founded the business, is given in a 

 diemorial containing his portrait and a 

 few facts concerning his life, which is 

 being sent out by the concern. 



A SPARK from a passing engine of the 

 Baltimore & Ohio Railroad Co. started a 

 fire at the nurseries of W. C. Reed, at 

 Vincennes, Ind., November 24. The fire 

 bad gained so much headway before it 

 was discovered tliat the large water stor- 

 age apparatus was destroyed before it 

 could be used to extinguish the blaze. 

 Two large fumigating houses were to- 

 tally destroyed and the storage house, to- 

 gether with a gasoline engine and other 

 machinery, was considerably damaged. 

 All the buildings were covered by insur- 

 ance. 



On account of the dread of the foot 

 • and month disease of cattle, the state of 

 Washington has prohibited the entrance 

 of nursery stock packed in straw, and 

 shipments must be packed in burlap only, 

 or with moss for protection. This works 

 an unnecessary hardship on nurserymen 

 in neighboring states where no cases of 

 this disease have been reported. For- 

 tunately, the price of burlap, contrary to 

 the pretliction of the dealers last summer, 

 has fallen. Action similar to that of 

 the state of Washington has been taken 

 in states where the need for it was more 

 urgent. 



BECEIPTS FBOM HOLLAND LABOE. 



Shipments of nursery stock from the 

 port of Rotterdam reached New York 

 last week on three boats. The Gor- 

 redyk arrived November 2.3, and the 

 Rotterdam and the Sommelsdyk came 

 to port the following day. The con- 

 signments were none of them large, but 

 an unusual quantity of small ones 



Please cut out of my ad for Privet 

 the 18 to 2i-inch, as I am all sold 

 out of that size. The Review cer- 

 tainly does bring the answers. 



Chakles L. Smith, • 

 Oct. 13, 1914. PennsfiTOve, N. J. 



brought the total number of cases to 

 a high figure. The consignments of 

 trees and shrubs on the three steam- 

 ers were as follows: ' 



Consignee. CtBtn. 



Arrowltxcb J., & C!o 2 



Henderson. P.. & Co 36 



Vnuglion's Seed Store...; ..,.,. .ISO 



Downing, T. D., & Co 88 



MaoNiff Horticultural Co .•... 60 



McHutclilson & Co 87 



Lunliam & Moore 22 



Roelirs. J., Co 44 



Bemnrd, Judae & Co 4 



Wyman, C. H 4 



International Forwarding Co 85 



Ku.vper. P. C, & Co 107 



Tlce & Lynch 8 



Gerhard 4 Hey 5 



Downing. T. D., & Co ; 7 



Plernon. F. E., Co 4 



Scliultheis. A 4 



RSIker, A., & Sons SO 



Rllzahetb Nursery Co B 



Redden & Martin 5 



Wadley & Sniythe 8 



Tliorhurn. J. M., & Co 18 



Maltus & Ware 87 



Richard. C. B., & Co 78 



08riiP8| o* {(•••••••••••••••••••••••■•••••••« 1 



American Express Co 1 



Hempstead, O. G., & Son 80 



Total 881 



BEOOVEBINQ OVEBPAYMEKT. 



A buyer of nursery stock who has 

 made an overpayment arising from the 

 fact that all the trees called for by his 

 contract of purchase have not been 

 delivered, is entitled, on discovering the 

 mistake, to recover the excess paid, al- 

 though the contract gives the seller the 

 right to lupply the deficiency during a 

 certain unexpired period, if the lan- 

 guage of the agreement shows that pay- 

 ment was not to be made until actual 

 delivery. This rule was laid down by 

 the North Dakota Supreme court in the 

 case of Scheer vs. Clinton Falls Nursery 

 Co., 124 Northwestern Reporter 1115. 



Plaintiflf sued to recover an excess 

 paid for a shipment of willow trees 

 before he discovered a shortage in the 

 delivery. In allowing recovery, the 

 Supreme court said: 



"It is first contended that the com- 



plaint fails to allege facts sufSoifSat to 

 (Constitute a cause of action; the point 

 being that the complaint discloses upon 

 its face th^t the action was prematurely 

 brought, for the reason that it is there- 

 in alleged that this nursery stock wa^ 

 td be delivered sometime during the 

 planting season' of 1906, and there is 

 no allegation as to when such planting 

 season commenced and terminated. In 

 other words, the contention is that no 

 cause of action could accrue to plain^ 

 tiff until sueh planting season terq^;; 

 nated, as, up to that time, defendiwi 

 had the contract right to supply the dOr 

 ficioncy in such shipment* Such oonteur 

 tion is manifestly unsound, and is based 

 upon a clearly erroneous conception of 

 plaintiflf 's rights. Plaintiff, as befot» 

 stated, was not to pay for any trees 

 until delivery, and any shortage in ship- 

 ment was to be deducted from the total 

 agreed purchase price. This being true,, 

 a cause of action, immediately arose in 

 plaintiff's favor ijpttn discovery of such 

 shortage to recover the excess payment,, 

 as money had and received by defend- 

 ant to plaintiff's use. While defendant 

 had the right to deliver such trees and^ 

 to collect therefor at any time during 

 such planting season, it had no right 

 to retain money paid to it by plaintiff 

 through mistake in excess of the price- 

 of the trees actually delivered." S. 



BULING ON BHODODENDBONS. 



The decision of the Board of "United 

 States General Appraisers in overruling: 

 the protest of P. Ouwerkerfc, as re- 



BUY YOUR ROSES DIRECT 

 FRON THE GROWERS 



We oflfera full line of 2-yr. fisld-srown roses 

 (for director future ahipmer.ts), bush. climbers, 

 tree and t*Il weeping roses, ol i and new varie- 

 ties, al] clashes. We hsve rosps from 4c to J2 .50> 

 each. We have only one quality, but any Quan- 

 tity. If you wantros's. ask forour 40- page illus- 

 trated catalogue, or s ate us your wants; wfr 

 send both free by return mail. 



The East End Nurseries Co. 



Expert Rose Grow^ers 



BOSKOOr, ' HOLLAND 



Mvnrlnn Th» R*t1»w — fc«« rvm writ*. 



Genuine North Carolina Natural Peach Pits 



We are now booking orders for 1915 pits for Fall delivery. 

 If you are in the market kindly write us for prices and 

 samples. The stock you buy from us is guaranteed to 

 give satisfaction, and we guarantee to deliver what we 

 book you. 



J. K. MORRISON GROCERY & PRODUCE CONPANY 



STATESVILLE, N. C. 



UeuttuD Tli« Uevlew wben yon writ*. 



