28 



The Weekly Florists^ Review* 



June 27, 1007. 



AZALEA INDICA 



Immense stock of all leading: Commercial Vari- 

 eties tor Fall delivery. We can also supply some 

 very fine Mew Tarietiei in limited quantities. 



LILY OF THE VALLEY 



for Import and from Gold Storage. 



All klnda of BKIX3IAN and HOLLAND 

 PLANTS for forolnc 



French, Dutch and Japanese Bulbs 



For prices and full information, please apply to 



H. Frank Darrow, Importer 



2S BaroUiy St., P. O. Box ItSO. N«w Tork 



Mention The Review when you write. 



We all know that varieties are not permanently 

 fixed qualities; that under different conditions 

 of soil and climate they quicltly change if not 

 carefully protected against that. We know, for 

 instance, that if a seed is planted in one lot 

 and in a nearby lot there be a different variety 

 of the same species, the insects will fly from 

 one to the other and carry the pollen from one 

 to the other; and while one variety Is planted 

 a different variety is produced. Take the ordi- 

 nary sweet corn that is used for the table and 

 plant it near a field of common yellow corn and 

 the first season the sweet corn will deteriorate 

 by the transmission of the pollen, by Insects or 

 by the wind, from the other field. 



Conversation Doei Not Alter Ri^ht*. 



Con»idei'iug the nature of this man's business, 

 considering the nature of the subject-matter 

 with which he was dealing, it seems clear that 

 if all that had been done were what I have 

 thus fur enumerated, this court is of opinion 

 there would be no warranty that the product 

 would be Mammoth Golden Yellow Bush squash. 

 The court Is also of the opinion that the con- 

 versation related in the stoi-e does not alter the 

 rights of the parties. What is related to have 

 been said by defendant would aiAount only to 

 the printing on the bos. A certain variety was 

 asked for, and he said in substance, "I have 

 it," that is substantially all there was of it, 

 and so I think the parties stand in this case In 

 the position of customer and seedsman, who, 

 when a certain variety of seed is asked for, 

 hands it out with the name printed upon the 

 package, and I am of the opinion that a seeils- 

 man so doing does not warrant those seeds. To 

 hold that he does would make his business a 

 perilous one. If a seedsman were held under 

 these conditions to warrant that when a' person 

 asks him for Mammoth Golden Yellow Bush 

 squash that is what will be produced when the 

 harvest comes, then this business is one of ex- 

 ceKslve risks. No one would undertake the 

 perils of a business of that kind If that were 

 the rule. 



Non-warranty on Packages. 



I have thus far stated this case most favor- 

 ably to the plaintiff. The words Mammoth 

 Goldcu Yellow Bush squash were not the only 

 words upon the bo.xes containing these seeds. 

 There was also this printed matter: "We use 

 all ]K>s8ible care and precaution to have our 

 seeds pure and simple, but we do not In any 

 case warrant or guarantee them. If the pur- 

 chaser does not accept them on these conditions 

 they must be returned at once." 



I am of the opinion that there was a contract 

 In writing between these parties. The whole 

 terms of this transaction were set out there. 

 The dealer did not simply say, "Here is Mam- 

 moth Golden Yellow Bush squash seed." The 

 plaintiff can not pick out the words of that 

 printed matter that are favorable to himself, 

 but must accept them all. If the evidence 

 sought to be introduced were that the defend- 

 ant expressly said In words at that time, "I 

 warrant that these seeds are such as they are 

 marked." this ought to be excluded from the 

 evidence There is a contract In writing be- 

 tween these parties. It can not be added to 

 or contradicted by oral evidence. Therefore, 

 in this view of the case, the court would 

 grant ilie motion to ilirect a verdict for de- 

 fendant. 



Brinker't Warranty. 



In the third place. It appears that plaintiff 

 and his son went to defendant's store with a 

 list of seeds wTilch the son obtained from the 

 defendant's catalogue of seeds. On page 2 of 

 defendant's catalogue, near the top thereof, is 

 some printed matter In large type and in heavy- 

 faced letters. The plaintiff says he does not 

 remember whether or not he ever read it; but 

 Jt is admitted that on the former trial of this 

 case he said he probably had read it. I think 

 the only proper finding from that state of evi- 

 dence Is that he did read It. and it reads thus: 

 "Warranty: We warrant that all seeds sold by 

 us shall prove to be as represented to this ex- 

 tent, that should they prove otherwise we will 

 replace them or send .other seeds of the same 

 value." These seeds were bought under a con- 

 tract of which this Is a part. The parties 

 thereby in that contract liquidated their dam- 

 ages. They stipulated that If the seeds were 

 not as represented the defendant would return 



ITALIAN FtOWER BULBS 



BBST rOR POBCINO, ONLY STRONG QUALITY. 



Allium Neapolitaaum Per lOOO 



Ist size ....' 6s 



2nd size 3s 



Extra selected bulbs 10s 



Freeaiaa 



Extra selected bulbs '...20s 



Ist size bulbs Ss 



2nd size bulbs 5s 



Lilium Candidum (White) 



Fragrant, extra roots, 20 cent, and 



over 608 



Good flowering roots, 18-20 cent, in 

 circumference 40s 



Nareiasua Paper Whita 



gfrandiUorua PerlOOO 



13 cent, and over 14s 



Good for forcing , lOs 



Atrum Sanctum (Black Calla) 



Ist size per 100. Ids; *5 



Iria alata 



strong, cultivated bulbs for winter- 

 blooming 188 



Iris ■tyloaa 



Violet, winter-flowering 



£1 



H. ft 



TO BB DBLIVBRED PROM BBGINNING OP JULT. 

 Casta wltta order. 



Price list of other Flower Bulbs and Roots on demand. 



M. WULLE, buTorTw'e'r, Naples, Italy 



Mention The Review when you write. 



For The Best Quality Virgin Tracic Musfiroom 

 Spawn apply to the chief makers in England, viz. — 



JOHNSON*S, LIMITED 



Virgifl Track 

 Mushroom Spawn Manofactarers 



TWYFORD ABBEY MUSHROOM FARM, 



■ALING, LONDON, W., 

 ENGLAND. 



This season's fresh made Spawn is In splendid condition, and is being supplied by us 

 to all the leading firms throughout the world. Price and particulars on application. 



Mention The Review when you write. 



TO THB TRADB 



HENRY METTE, Qaedliaborg, Germany 



^^^^^^■"^^ (ESTABUSHID IN 1787.) 



Orower and Exporter •■ the very largest scale of all 



CHOICE VEGETABLE, FLOWER and FARM SEEDS 



8p«oialtl«B: Beana, Beets, Cabbases, Carrots, Kohl-Rabi. Leeks. Lettuces, Onions, 

 Peas, Radistaea, Spinach, Turnips, Swedes, Asters, Balsams, Begonias, Oamations, 

 Cinerarias, Gloxinias, Larkspurs. Nasturtiums. Pansiss, Petunias. Phlox, Primulas. 

 Scabious, Stocks, Verbenas. Zinnias, etc. Catalogue free on application. , 



HBNRT MBTTB'B TRIUMPH OP THB GIANT PANSIBS (mixed), the most 

 perfect and most beautiful in the world, $5.00 per oz.; $1.50 per J^-oz.; 75c per l-16-oi. 

 Postage paid. Cash witb order. 



All seeds offered are grown under my personal supervision on my O'wn (rounds of 

 more ttaan 8,000 acres, and are warranted true to name, of strongest growth, finest 

 stocks and best cjuality. I also ktow larKely seads on contract. 



Mention The Review when yon write. 



what had been paid for them; that Is the sub- 

 stance of it. The undisputed evidence is that 

 nothing has ever been paid for the seeds in 

 question and therefore the parties having made 

 a contract liquidating their damages at the 

 price of the seeds, and the seeds never having 

 been paid for, the damage in this case is 

 nothing. 



Summary. 



To re-state In the Inverse order: In the first 

 place this contract In the catalogue stipulated 

 what the damage of the plaintiff shall be, and 

 It stipulates the damages to be the value of the 

 seeds, and the seeds not having been paid for. 

 the damage is nothing. In the second place, 

 the entire printed matter on this package con- 

 stitutes a written contract between the parties 

 and hy that contract the plaintiff was expressly. 



clearly told that there was no warranty of these 

 seeds. In the third place and as a general rule 

 of law, if a person goes into a seed store and 

 asks for a variety of a species of seeds and 

 they are given to him without comment, the 

 name printed on the package in which they are 

 <ontalned', there Is no warranty whatever. I take 

 it the rule that this defendant, like every other 

 person who deals with his fellows, must exer- 

 cise ordinary care to see that that which he 

 oHtensibly sells is that thing. There Is no evi- 

 dence in this case that the defendant failed to 

 exercise ordinary care. Therefore, gentlemen of 

 the jury, all questions of fact are for you and 

 nil questions of law are for the court, and 

 whether or not there Is any evidence Is a ques- 

 tion of law and not a question of fact. 



The court directs you to bring in a verdict 

 for defendant. 



