66 



The Florists' Review 



r- 



JANUAKX 7, 1915. 



A LARGE attendance of the nurserymen 

 of the middle west is expected at the 

 public sale of the Phoenix Nursery Co., 

 by the receiver, at Bloomington, 111., Jan- 

 uary 16. 



E. S. Thompson, Benton Harbor, 

 Mich., has secured a satisfactory settle- 

 ment with the Big Four railroad on a 

 claim for fire that destroyed his ever- 

 green nursery. 



Charles B. Peterson, who has been 

 in the nursery business for many years, 

 will open a nursery next spring on the 

 East Mille Lac road, near Aitkin, Minn., 

 on land he owns there. 



Perhaps the nursery trade, which has 

 its own troubles, fails to appreciate its 

 good fortune in having the bulk of its 

 patronage in rural communities, where 

 business is better than it is in the cities. 



An automobile was the prize given by 

 the W. F. Cobb Co., of Franklin, Mass., 

 to E. A. Corthell for selling the largest 

 amount of nursery stock of any of the 

 company's agents. Such a prize should 

 add to the agent's results next year. 



It is said that the chestnut bark dis- 

 ease is imported from eastern Asia on 

 nursery stock. Officers of the Bureau 

 of Plant Industry of the Department of 

 Agricultiire have destroyed, or cooperated 

 in destroying, diseased nursery stock in 

 many orchards and nurseries outside of 

 the present general distribution of the 

 disease. , 



INSPECTION IN MINNESOTA. 



a 

 In his report for the years 1913 and 

 1914 the Minnesota state entomologist 

 gives the total number of nurseries in- 

 his state as 130 and the total acreage as 

 3,000. Only 117 nurseries, are licensed, 

 as some do not ship stock. 



, The movement for a uniform inspec- 

 tion law in all the states, led by the 

 American Association of Nurserymen 

 and the American Association of Horti- 

 eoltural Inspectors, is endorsed, and the 

 provisions of the tentative bill are for 

 the most part approved. The entomolo- 

 gist, F. L. Washburn, believes there 

 should be some means of a nursery- 

 man's obtaining a more prompt settle- 

 ment of an appeal from an inspector's 

 decision than a full meeting of an in- 

 spection board, such as is provided in 

 section 2 of the suggested bill, would be 

 likely to allow. Mr. Washburn believes, 

 too, that the Minnesota law's definition 

 of a dealer, i. e., one who grows less 

 than fifty per cent of the stock he sells, 

 is better than that of the law proposed 

 by the A. A. N., which defines a dealer 

 as one who grows no nursery stock. His 

 reason is that a dealer might, under the 

 latter law, grow a little stock and still 

 be essentially a buyer and seller. 



Mr. Washburn gives as the two ene- 

 mies for which the nurseryman in his 

 state must particularly watch, the San 

 Josn scale and crown gall, although 

 oyster shell scale and the woolly aphi* 

 of the apple are apparently on the in- 

 crease in Minnesota. Cases of San 

 Jose scale are rare, but crown gall is 

 -.ilmost everywhere present. Its effect 



Please cut out of my ad for Privet 

 the 18 to 24-iDcb, as I am all sold 

 out of that size. The Review cer- 

 taioiy does bring the answers. 

 Charles L. Smith, 

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



on the apple is not certain, but on rasp- 

 berries it is distinctly injurious, and 

 large lots of this stock are destroyed in 

 the course of inspection because of the 

 presence of crown gall. 



EXCUSE FOR NOT BEADING NOTE. 



Contained Waiver of Warranty. 



The maker of a note given for nurs- 

 ery stock is entitled to defeat liability 

 on it on the ground of mistake, if it 

 appears that in signing the note he 

 unwittingly and excusably failed to as- 

 certain that it contained a waiver of 

 a warranty of the stock, according to 

 a recent decision of the Oklahoma Su- 

 preme court in the case of McKinney 

 Nursery Co. vs. McDonald, 143 Pacific 

 Reporter 191. 



Defendant gave plaWiiff a note con- 

 taining a clause in which defendant re- 

 cited that the note was "given in set- 

 tlement for nursery stock that has 

 been delivered and found to be in good 

 condition, and it is expressly agreed 

 and understood that the responsibility 

 of McKinney Nursery Co. for same 

 now ceases and determines, and that in 

 receiving above-mentioned stock, I as- 

 sume all risk on same, except for the 

 written guaranty which is stipulated in 

 said order given for this stock, which 

 is a guaranty of replacement for the 

 first year at one-half the purchase price 

 of stock that fails to live, and that no 



promise or agreement not herein ex- 

 pressed has been made by said McKin- 

 ney Nursery Co., its agents or em- 

 ployees. ' ' 



The trees, for a balance on the purr 

 chase price of which this note was 

 given, had been planted out at defend- 

 ant 's residence, with roots covered 

 with soil and unseen by him, but tops 

 in plain view, when and where the 

 note was given. The trees had, a short 

 time theretofore, been taken to de- 

 fendant's residence in his absence and 

 planted by plaintiff upon defendant's 

 prior order therefor, in which order he 

 had agreed to pay $450 as the pur- 

 chase price of the trees at the time of 

 delivery. The order contained the fol- 

 lowing provision: 



"In consideration of the above con- 

 tract we promise to deliver healthy, 

 well-grown trees and true to name. The 

 value of any article not furnished will 

 be deducted on settlement." 



Defendant attempted to show on the 

 trial that, as he first came to know 

 upon transplanting, the trees were dis- 

 eased and some of tliem dead at the 

 time he executed the note,- resulting in 

 loss of value equal to the amount of 

 the note; that it appeared to him, from 

 an examination of the tops at the time 

 he executed the note, that the trees 

 were in bad condition, if not dead; 

 that having eyes that were not strong 

 and being a poor reader, he did not 

 read the note, nor was it read to him, 

 but upon the assurance of the plain- 

 tiff's agent that the trees were in a 

 good, healthy condition, and that the 

 note contained the above-quoted provi- 

 sion of the prior contract and would 

 not affect plaintiff's obligations under 

 the contract to furnish him good; 

 healthy trees, the defendant executed 

 the note without reading the same or 

 having it read to him. 



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 Trade List 



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We are headquarters for Summer and Fall Bearing Strawberry Plants, 

 Raspberries, Blackberries, Gooseberries, Currants, Grapes, Fruit Trees, 

 Roses, Ornamental Shrubs, Eggs for Hatching, Crates, Baskets, Seed Potatoes, 

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Mention The Review when you write. 



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THE 



NacNiff Horticultural Co. 



Seedamen and Horticultariata 



S6 Vesey Street, NEW YORK CITY 



Bobbink & Atkins 



NURSERYMEN. 

 FLORISTS and PLANTEi|S 



RUTHERrORD, NEW JERSEY 



