JDNr27, 1907.;* 



The Weekly Florists* Review. 



27 



gram will be closely followed for the two 

 remaining dajs. 



Eatertainmeot. 



The local entertainment committee, of 

 which Alex Forbes is chairman, is leav- 

 ing nothing undone to make the visiting 

 seedsmen and their guests comfortable. 

 Taeeday night the freedom of the roof 

 gatden of Hotel Astor ia theirs by invi- 

 tation of the locals. Wednesday evening 

 a banquet will be given them at the Hotel 

 Astor and much else in the way of enter- 

 tainment has been provided for. 



New York, June 26. — Attendance is 

 much increased today. A committee was 

 appointed to revise the code. McFar- 

 land's paper on catalogues was fine and 

 created hot discussion. 



BRINKER CASE DEODED. 



T<fon-warranty is Sustained. 



The Brinker non-warranty case, at 

 Cleveland, with which most seedsmen are 

 familiar, on second trial has been de- 

 cided in favor of the seedsman. 



In February, 1903, S. H. Calhoon was 

 a gardener in the vicinity of Cleveland 

 and William Brinker was a seedsman 

 doing business in that city. About that 

 date Calhoon went to Brinker 's store and 

 asked for four pounds of Mammoth Gold- 

 en Yellow Bush squash seed, and for two 

 pounds of Long Island Beauty Nutmeg 

 melon seed. Mr. Brinker gave Calhoon 

 four one-pound packages of the first 

 named seed with the name asked for 

 printed upon the package, and also gave 

 two pounds of the last named seed with 

 the name asked for printeli upon the 

 package. When Calhoon asked for 

 squash seed of the named variety, the 

 seedsman said that he had it; that it 

 had been raised for him ; that it was what 

 the plaintiff wanted. The seeds were 

 delivered to the gardener and the ap- 

 pearance was the same as that of the 

 seeds asked for. Mr. Calhoon, a gardener 

 of forty years' experience, could not per- 

 ceive that they were not the seeds asked 

 for. The seeds were planted and grew, 

 but produced a different squash from 

 that asked for and from that named 

 upon the boxes in which the seeds were 

 contained. Mr. Calhoon sought to re- 

 cover from the seedsman the loss which 

 he suffered by reason of the fact that 

 the squash that grew was inferior to 

 that of which he thought he was buying 

 the seeds. These are the facts as re- 

 viewedJby ih^Qputt in tfce second tri»l. 

 His ruling on derendant's motion to 

 direct a verdict for defendant is as fol- 

 lows: 



The Court's Ruling. 



For the sake of brevity I shall deal 

 only with the squash seed, as whatever 

 ruling the Court makes as to it must 

 also apply to the melon seed. 



Printed Name Not a Warranty. 



First, the general proposition, does a seedsman 

 who gives a package marked with the name of 

 the variety asked for, warrant that from these 

 B«ed8 there will grow. If they grow at all, that 

 variety? It seem* to me that the law may be 

 different In the case of a seedsman In a large 

 city selling and delivering seeds from what It Is 

 where the seeds are bought from a farmer or a 

 gardener who sells what he has grown. With- 

 out evidence on the subject, a conrt must not be 

 blind to the ordinary facts of life, and the facts 

 about the business of a seedsman In a large 

 city are, that he handles chiefly goods which he 

 gets from others, some of them from foreign 

 countries. The evidence In this case is explicit 

 that the defendant did not himself produce these 

 seeds. He said to plaintiff, "They were raised 

 for me," and while It Is not of much or any 

 importance in this case, It might in some cases 

 be Important to determine whether the seeds 

 were sold by a person 4d the cammerolal bysiness 

 of selllDg seeds, or by a gardener or a farmer 



FRANCIS BRILL, Hempstead, L. I., N. Y. 



Wholesale Grower and Dealer in 



The Very Best GARDEN SEEDS 



Mention The Review when yon write. 



in Bulk 

 and Packages 



LAWN GRASS SEED 



Dickinsons, Evergreen, and Pino Tree Brandt 

 SPECIAL MIXTURES SEED FOR GOLF GROUNDS 



THE ALBERT DICKINSON CO. 



MINNBAPOLIS 



CHICAGO 



Mentloh ITie Review when you write. 



LEONARD SEED CO. 



Growers and Wholesalers of Superior Garden Seeds 



Headquarters for TURNIP and other Beasonable seeds. 

 Write for prices. 



riower Seeds— Onion Sets '» JlSV/SSTdSpis*.. CHICAGO 



Mention The Review when yon write. 



[ Burpee's Seeds Grow | 



Mention The Review when you write. 



COLORED 



VEGETABLE 



SEED 

 BAGS 



Send for Cat. 

 and Prices. 



Herndon, Lester 

 & Ivey Co., 



KiduBOod, Virginia. 



Mention The Revleyv when you writa. 



Waldo Rohnert 



GUiROY, CAL. 



Wholesale Seed Grower 



Specialties: Lettuce. Onion, Sweet Peas, Aster, 

 Cosmos, MlKnonelte. Verbena, in varietj. Cor- 

 respondence solicited. 



selling that which he himself produced. The rule 

 manifestly must be dllterent. If one goee to a 

 farmer and asks him for certain seeds, the 

 natural Inference, the one which the producer 

 has a right to draw. Is that the seeds fumlshetl 

 are those which the farmer himself has taken 

 from the squash, and the case would be differ- 

 ent from that of a man who gets his material, 

 perhaps in carload lots, from foreign states and 

 foreign countries. 



Pacts of VcKctabIc Life. 



Passing from the character of defendant's 

 business and the manner in which he handles 

 seeds, we come to the subject of the seeds 

 themselves. This Is the determining thing in 

 this case. And here we must recognize the facts 

 of vegetable life, even without any evidence. 

 We all know that no human being can take 

 those seeds that Were sold and tell what variety 

 of the species they belong to until the fruit is 

 ripened. We know that farmers In the spring. 

 In order to know whether or not seed will grow, 

 put some of it In water to see whether or not It 



JEROME B. RICE SEED CO.. 



Orowers of 



Peas, Beans, Sweet Corn 



mat al kMs ■! Sarin Stcis at WiMltsalt Orfy. 



CAMBRIDGE, waakiBcto. Co.. NEW YORK 



Mention The Review when yon write. 



ALFREO J. BROWN SEED CO. 



GrowMV ol 



Garden Peas and Beans 



ror thm Wbolesal* TtmOm 

 GRAND RAPIDS. t • MICH. 



Mention The Review when yon write. 



C. C. MORSE a €0. 



■••d Growars 



Address all communications to our permanent address 



48 to 56 JacksoB St., San FraRCisoo, Cai. 

 Onion. Lettuce* Sweet Peas 



and Other Oalifonl* BpcolaltlM 



Mention The ReTJew when yon write. 



SSATTLK, WASH. 

 Srowwrs of 



PUGET SOUND CABBAGE SEED 



Mention The Review when yon write. 



will germinate or sprout, as they call it. That 

 is the sort of subject-matter that is being dealt 

 with here. It is something of which the life 

 and charscter Is hidden and in mystery. 



No amount of diligence on the part of any of 

 us would enable tis to take these seeds as they 

 were brought into the courtroom yesterday and 

 tell what they would produce. In this case a 

 special variety of squash seed was asked for. 



