54 



The Florists^ Review 



January 7, 1815. 



the retailer credit for the unsold seed 

 at invoice price. Thia^ settlement is 

 not to be made as the seeds are sold, 

 but the settlement is to be made when 

 the traveler calls; that is, on demand, 

 as it were. The retailer sold to his 

 customer in his own name, and the 

 wholesaler was in no mianner inter- 

 ested in the price obtained, but merely 

 took back the unsold seeds, allowing 

 credit therefor at invoice prices. "When 

 sold by the retailer, the proceeds of the 

 sale were his own, and no duty rested 

 on him to account therefor to the 

 wholesale dealer. 



"Under the agreed statement of 

 facts as shown by the record, guided 

 by the rules of law as found in the 

 authorities consulted, we think it quite 

 clear that the retailer was not a mere 

 agent, but was in fact a purchaser of 

 the seeds. It is shown that the retailer 

 had the right to return the unsold seeds, 

 and that the wholesaler agreed to buy 

 them back at invoice prices. What, 

 then, is the relation between tl^e par- 

 ties? * * * We are of the opinion that 

 the real transaction between D. M. 

 Ferry & Co. and the retail merchants, 

 under the agreed statement of facts, 

 was that of 'sale or return,' ad dis- 

 closed by these definitions and authori- 

 ties. The retailer was to pay for the 

 seeds not returned at a certain price 

 previously fixed by the parties, and at 

 a certain time, that is, when the trav- 

 eler calls, and he had the option of re- 

 turning seeds not sold." S. 



RECOVERY ON MISQUOTED RATES. 



When seed, nursery stock or other 

 freight is shipped from one state to 

 another, the shipper will be presumed 

 to know the rate which has been pub- 

 lished by the railway company to which 

 the freight is delivered, and in case the 

 company's agent, through mistake, 

 quotes too low a rate, there is no right 

 to recover damages against the com- 

 pany. This is the gist of the decision 

 of the Kansas City Court of Appeals in 

 the case of Sloop vs. Delano, 170 

 Southwestern Reporter 385. Plaintiff, 

 intending to purchase a quantity of 

 timothy seed for shipment from a point 

 in Missouri to Chicago, asked a freight 

 agent of the Wabash railroad what the 

 rate would be and was told that it 

 would be 23 cents, whereas the rate 

 was actually 29 cents. In reliance 

 upon this statement, plaintiff bought 

 and shipped seven carloads of seed. 

 On discovery of the mistake, and on his 

 being compelled to pay the true rate, 

 suit was brought against the receivers 

 of the road to recover damages, but the 

 right of recovery was denied, on the 

 ground that, since the actual rate was 

 a matter of public record, the shipper 

 must be presumed to have known it. 

 It was also decided that the same prin- 

 ciple must apply to a mistake made by 

 a railwav agent in showing a shipper 

 the wrong rate sheet. The court said: 



"The law charges shippers with 

 knowledge of the lawful rates, and 

 they will not be heard to claim the 

 benefit of a lower than lawful rate on 

 the ground that some railroad clerk has 

 made a mistake in quoting a lower rate 

 for a particular shipment. To permit 

 shippers to impute negligence to car- 

 riers in quoting rates, and on that 

 ground to enjoy the rate quoted instead 

 of paying tho' lawfully published rate, 

 would open a broad and ample way for 

 the payment of rebates and for other 



New Crop Flower Seeds 



JUST ARUIVED 



"WORTH-WHILE" QUALITY 



Special 10 f'fc discount on flowor aoods for cash with ordor. 



Trade 



Packet. Ounce. 



Ageratum Imperial, Dwarf Blue $ .15 $ .40 



Ageratum Imperial, Dwarf White 15 .40 



Ageratum Little Blue Star 25 



Alyssum Maritimum, Sweet 10 .25 



Alyssum True Little Gem .10 .60 



100 250 



Seeds. Seeds. 



Asparagus Plumosus Nanus $ .50 $1.00 



Aster Queen oi Market, White, Pink, Lavender, Crimson, Light 

 Blue, Dark Blue, Purple. Packet, 15c; one-quarter ounce, 



30c; ounce 1.00 



Aster, Vick's Branching, True, White, Pink, Crimson, Laven- 

 der, Dark Blue, Light Blue, Purple. Packet, 25c; one- 

 quarter ounce, 5Dc; ounce 1.50 



Packet. Ouuce. 



Begonia Vernon $ .15 $ . . 



Bellis Perennis, Longfellow, Pink 20 



Bellis Perennis, Snowball, White 20 



Centaurea Gymnocarpa 10 .40 



Centaurea Candidissima (scarce) 50 



Cobaea Scandens, Purple 15 .50 



Forget-Me-Not^ Alpestris, Blue 15 .90 



Forget-Me-Not Dissitiflora, Blue 25 



Heliotrope Mammoth Flowered 25 



Ipomoea Grandiflora Alba 15 .40 



Lobelia Crystal Palace Compacta 15 1,25 



Lobelia Speciosa, Blue 10 .60 



Pansy, Winterson 's Combination Mixture 50 5.00 



Pansy, Winterson 's Premium Mixture 25 3.00 



And all other separate named varieties at 25c per trade packet. 



Petunia, Giants of California, True 25 



^ 500 



Seeds. 



Petunia, Winterson 's Superb Double $ .75 



Packet. Ounce. 



Petunia, Winterson 's Superb Fringed $ .25 $ . . 



Kicinus Zanzibariensis, Mixed 10 .20 



Salvia Splendens 20 1.25 



Salvia Bonfire • • . . . .25 2.00 



Salvia Zurich 50 4.00 



Verbena, Mammoth Mixed 15 - 1.00 



Verbena, Defiance, Scarlet '. .20 1.25 



Verbena, White 15 1.00 



Verbena, Blue 15* 1.00 



Vinca in Separate Colors 15 .60 



Othsr varlotlos arriving daily. 

 We can tako car* off your ontlro wants In spaclal ffiorlsts' strains 



off FLOWER SEEDS 



"WORTH-WHILE" QUALITY 



Late Dug Llllum GIganteum Bulbs 



7 to 9-inch fc per 100, $ 5.50; per case of 300. $15.00; per 1000, $60.00 



8 to 9 inch T. per 100, 10.00: per cass of 225. 19 75; per 1000, 87,50 



MONEY MAKERS FOR EVERY GROWER. 



WINTERSON'S SEED STORE 



166 NORTH WABASH AVENUE. CHICAGO, ILL. 



Now Here: MEYER'S J BRAND ^^^ 



GIGANTEUMS 



THE LILY WITHOUT A PEER 

 Ordor Now ffor Dolivory Ex COLD STORAGE lator on. 



CORP. OF CHAS. F. MEYER, 99 Warren Street, NEW YORK 



