76 



The Florists^ Review 



AuocsT 6, 1914. 



tention that one part of the contract 

 refers to a constructive delivery and 

 the other to an actual delivery is ab- 

 surd. They say that the obligation to 

 deliver in a sound and healthy condi- 

 tion meant to so deliver constructively 

 at the time the instrument was signed, 

 and, as it is admitted that the trees 

 were sound and healthy at that time, 

 they have fully complied with their 

 contract. The delivery contemplated in 

 the agreement was an actual delivery, 

 and it was expressly provided how it 

 should be consummated. 



Bisk Assumed by Seller. 



"We conclude," said the court, 

 "that the parties intended the instru- 

 ment as an executory contract of sale, 

 and that the title to the trees which 

 became frozen had never passed to ap- 

 pellees, but, should we be mistaken in 

 this, then it is clear that appellants 

 contracted absolutely to deliver the 

 trees in a sound and healthy condition 

 when called for by appellees, and that 

 they failed to comply with such con- 

 tract. The law declares that the risk 

 goes with the title; but that is in the 

 absence of a contract. There can be no 

 doubt that the parties as a part of 

 their contract can provide that the sell- 

 er assumes the risk up to actual deliv- 

 ery. When such a contract is made, 

 and the payment is to be made for 

 trees delivered in a sound and healthy 

 condition, plaintiffs cannot recover the 

 price upon delivering or tendering froz- 

 en trees. We are not considering 

 whether appellants could be held liable 

 for damages for failing to comply with 

 their contract, but whether they can 

 recover upon same when they have not 

 complied therewith. If appellants 

 wanted to make any exception which 

 would relieve them from the risk they 

 assumed by contracting that the trees 

 would be sound and healthy when de- 

 livered, they should have named such 

 exception in the contract. They did 

 not occupy the position of bailees, as 

 ccntended by appellants, but of con- 

 tractors, who, having failed to comply 

 with their contract, cannot recover the 

 compensation agreed to be paid for 

 such compliance. • • • The testi- 

 mony that 'sound and healthy' means, 

 among nurserymen, such a condition of 

 trees as is certified to by certificates 

 from the Department of Agriculture 

 was properly excluded. No inspector 

 would certify that dead or frozen trees 

 were in a sound and healthy condition. 

 The words 'sound and healthy' may 

 mean free from disease, as contended 

 by appellants, but also mean that the 

 trees must be alive, and not frozen so 

 badly as to be worthless." S. 



ROSES-CANNAS 



CONARD & JONES CO. 

 W«st Orov*. Pa. 



Mfnfinn Thp RpvIpw wh«»ii Ton writp. 



I'V.tX^rL ROSES ^^•*^'' 

 Ready to ship revised stock list. 



^<i L LL LU LL '^PwiKoncLD-oHio- J 



Mention The Rerlew when jon write. 



tlVnDAill^rJIC Voung Plants In 4.lneh poU, for EMUr 

 n I nil AllUL A9y Fiowaring, with 4 to S fflo«v«ring branchM, as. 



Avalancha, Bouquat Rosa, Andra Laroy'a Biua, at $12.00 per 100. 



Mma. Mouliiaray Qanaral da VIbrayap Souvanir da Chantard and Ra. 

 diant, at $15.00 per 100. 



Cyclaman Parslcum Qlgantauniy the latest novelties, from 412-inch pots, at 

 $16.00 per 100. 



Polnaattlaaf for growing on, nice, strong plants out of 2^-inch pots, at $6.00 per 

 100; $50.00 per 1000. 



Dracaana Tarminallap Marguarita Story, GladatonI, Baptlstil, from 5^ and 

 6-inch pots, 20 to 24 inches high above the pot, at $1.25 and $1.50 each; $15.00 

 and $18.0U per doz. 



Qardania Vaitchil, 2-year-old, fine and bushy plants, about 2 feet high above the 

 pot, in 5^, 6, 6^2-inch pots, at $9.00, $12.00, $16.00 and $18.00 per doz. Larger 

 plants, $2.00 each. 



FERNS— Boston, in 6 and 6^-inch pots, at $6.00 and $9.00 per doz.; in 8-incii 

 pots, at $12.00 to $18.00 per doz. Scottll. in 6 and 6i2-iQch pots, at $6.00 and 

 $9.00 per doz.; in 8-inch pots, at $12.00 and $15.00 per doz. Whltmanl, in 64- 

 inch pots, at $6.00 and $9.(i0 per doz.; in 8-in. pots, at $12.00 to $18.00 per doz.: 

 in 10 to 12-inch pots, $2.50 to $5.00 each. Muscosa, in 8-inch pans, at $1.50 

 and $2.00 each. Magniffica, in 6^-inch pots, at $1.50 each; in 9-inch pans, at 

 $2.00 to $2.50 each. 



Kantia Balmoraana, single stem, 54-iQch pots, 6 to 6 leaves, 20 inches high, at 

 $12.00 per doz.; in 6-inch pots, 6 to 7 leaves. 24 inches high, at $15.00 per doz.; 

 in 64-inch pots, 6 to 7 leaves, 30 inches high, at $18.00 per doz. 



CASH WITH ORDER. 

 ANTON SCHULTHEIS, 31 6-1 9th St., College Point, L. I., N. Y. 



Mention The Review when you write. 



Seasonable Stock=Ready Now 



Asparagaa Plumosua, 214-inch, bushy, $3.00 per 100; $25.00 per 1000. 

 Fern Dish Ferns, Aspidinm, Cyrtomiam, Wilsoni, BEayii, etc., $3.00 



per 100; $2-5.00 per 1000. 

 Primula Malacoides (Giant Baby Primrose), $3.00 per 100; $25.00 per 1000. 

 Primula Chinensis, a splendid strain, in all colors, $3.00 per 100; $25.00 



per 1000. 

 Arancaria, compact plants, 4-inch pots, 6 to 8 inches high, 35c each; 5- inch 



pots, 8 to 10 inches, 50c each. 

 Bird's Nest Ferns (Asplenium Nidus Avis), finest condition, a grand selling 



plant, 3-inch pots, $2.50 per dozen; $20.00 per 100. 4-inch pots, $6.00 per 



dozen; $35.00 per 100. 5-inch pots, $7.00 per dozen; $60.00 per 100. 

 Cibotium Schiedei, splendid stock for immediate sale or for growing on, 



6-inch pot plants, $1.50 each. 

 Hydrang^eas, all the best French sorts, 4-inch pot plants, $20.00 per 100; 



5-inch pot plants, $25.00 per 100. 



Write ffer CataloKiM Ne. 8 



THE mm & HARRISON CO., PainesTiUe, Ohio 



Mention The Rerlew when jroo write. 



Stuut Low & Co., BUSH HILL PARK NURSERIES, EdieU, Eadaid 



OflCHIDt, 25 houses fuH. 

 PALMS, 40 houses full. 

 FRUIT TREES, for garden, 100 acres. 

 FRUIT TREES, pot grown for Orchard houses. 

 FIS TREES, pot grown. 

 GRAPE VINES, pot groA\^. 

 ROSES, field grown by the 100,000. 

 ROSES, pot grown for Pergolas and Forcing. 

 Write for catalogue. \ CYCLAMEN SEED, very finest strain. 



Our representative will be In the United States during September and October and will be pleased 

 to meet or give particulars to anyone Interested. Address 



MR. HARRY A. BARNARD. Hotel Albert. University Place. New York City 



H«adquart«rs in 

 England for th«s« 

 lines: 



Mention The Review when yon write. 



BOXWOOD, PVRAMIOitL 



Final elean>np at reduced prices. 



2^-tt. $1.50 each 



8-ft 2.00 each 



Perfect stock. 



r. 0. FRANZEN. S319 Ni. CUik St. CHKAfiO 



Mention The Beview when yon write. 



THE 



NacNiff Horticultural Co. 



Seedsmen and Horticaltnrista 



S6 Vesey Street, NEW YORK CITY 



Mention Tbe Review when 70a writa 



