74 



The Florists' Review 



^ Sbftbhbbb 10, i9l4. 



thq destination in California, and the 

 shipment is destroyed by the authorities 

 there before title has passed to the 

 buyer by his acceptance of delivery, the 

 loss must fall upoa-the seller, since he 

 has not made such <<l(B4Very to the buyer 

 as will sustain recovery of the agreed 

 price of the stock. 



But, although the loss may fall upon 

 the buyer primarily, through the fact 

 that he has become the owner of the 

 stock before its confiscation and de- 

 struction, he is entitled to recover any 

 payment which he has made on the 

 price, or defend a claim by the seller 

 for the amount of the price, if he can 

 establish the fact that the stock was 

 not of the quality contracted for. On 

 this point, it may appear that the seller 

 has expressly or impliedly warranted 

 that the stock w^ not infested, in 

 which case the lo|f*l(^uld necessarily 

 fall upon the sellM«s a result of his 

 breach of contract. On the other hand, 

 if it appears that the seller has made 

 no warranty, express or implied, as to 

 the stock's freedom from infestation, 

 or that he has expressly disclaimed any 

 such warranty, the loss must remain 

 with the buyer. ' ^V 



As Generally Understood. 



On the question as to whether title 

 passes to the buyer at the place of 

 shipment or at the destination, difficulty 

 frequently arises on account of silence 

 in the contract as to the intention of 

 the parties. But, ordinarily, delivery to 

 the carrier is deemed a delivery to the 

 buyer at the place of shipment, espe- 

 cially if the buyer has designated a 

 particular road over which the ship- 

 ment is to be forwarded. 



In a case where title has passed to 

 the buyer at the place of shipment and 

 the stock is found to be infested on its 

 arrival at its destination, that fact 

 would be evidence in the buyer's favor 

 that the stock was infested when 

 shipped, but, of Qpurse, it would be 

 open to the sdUer &> show that the in- 

 festation arose iH_the course of trans- 

 portation. If the contract required de- 

 livery of uninfested stock at the desti- 

 nation, then it would be immatei^I 

 whether it became infested before or 

 afttff delivery to the carrier. ^ 



Wlien Doctors — or States — ^Disagree. 



Now, as to the conflict between th^ 

 certificate of the ' authorities in the 

 state of shipment'to the effect that the 

 stock was clean and -the finding of the 

 authorities in California that the stock 

 was infested, the question which gov- 



ARE AH. YOUR EGGS IN ONE BASKET? 



If they are, and the basket is in Europe* i^n't there a good chance 

 that you will be without forcing stock this wintei? Can you afford to 

 take that chance on the war, brother Florist? Also ''A bush in tbe 

 hand is worth two in Europe," especially if the bashes in hand are ' J. 

 & P." Hydra"hgea8, grown in 6-inch pots, plunged, outdoors all this su n- 

 mer, as fine as any we ever grew. _. • 



We offer Otaksa plants with 7 to 10 strong shoots ar$25.00 the inO; 

 with 6 and 6, at $20.00 the 100; with 4, $15.00 the 100. 



Some of the best new French varieties: Avalanche, Mme. Mau- 

 rice Hamar, Bouquet Rose, La Lorraine, Radiance, etc., 4 branches, 

 at $30.00 the 100, in 6-inch pots. 



BE ON THE SAFE SIDE— the American side— and buy American plants. 



JACKSON & PERKINS CO., NEWARK, NEW YORK 



Mention The Review when you write. 



MARYLAND 



Boston, Mass., S. A. F. & 0. H. Convention report of Judges on 

 the Convention Garden Exhibition: H. Vincent, Jr., & Sons Co., White 

 Marsh, Md., bed of Geraniums, Maryland. Scarlet Bedder and Mrs. 

 Lawrence. Certificate of Merit for Maryland, and Honorable Mention 

 for Scarlet Bedder and Mrs. Lawrence. 



We are booking orders for November delivery for Maryland, at 

 $1.00 per dozen, $6.00 per 100; Scarlet Bedder, at 75c per dozen, 

 $4.00 per 100; Mrs. Lawrence, at 40c per dozen, $2.00 p«r JLOO. 



Vincent's Geraniums are propagated at White Marsh, and grown 

 everywhere— there Is a reason. 



We have the most complete list in the country, a splendid lot of 

 3-lnch stock, ready for Immediate shipment, at $3 00 per 100, $25.00 

 per 1000; 2-lnch stock, ready October 1, $2.00 per 100, $18.50 per 1000 

 for Standard Sorts, up to 50c each for Novelties. 



READY FOR IMMEDIATE SHIPMENT 



ALYSSUM, dwarf double and giant; SWAINSONA, white and pink; 

 HARDY ENQLI'^H IVY, LBMON VERBENAS, L4NTANAS, assorted: 

 COLEUS, PEIUNIAS, double mixed. 2-inch, 12.00 per 100; $18.60 per 

 luOO; 3-inch. $3.00 per 100; $25.00 per 1000. 



Cash with order, please. 



R. VINCENT, JR., & SONS CO. 



White Marsh, Maryland 



Mentton Th» RfTl^w when yoo wrltf. 



JOHN SCOTT 



Qrow«r of Palms, F«rns and othar 

 Dacorativa Stock 



Rutland Road and 

 Kaat 45tli Straat. 



BROOKLYN, N. Y. 



ems, as between the buyer and the 

 seller, must depend upon whether title 

 passed to the buyer at the place of 

 shipment or remained in the seller at 

 the time the stock was destroyed. If 

 ownership passed to the buyer in the 

 state of shipment, the finding of the 

 California authorities would not affect 

 the seller's rights, and the certificate of 

 the authorities in his state would b^e 

 strong, though probably nol conclusiS'e 

 evidence, that the stock was all right 

 when delivered to the carrier as the 

 buyer's agent. And, if the stock was 

 destroyed in California before title 

 passed to the buyer, the buyer would 

 not be affected by the question whether 

 the California authorities acted prop- 

 erly or not, since the goods contracted 



ROSES-CANNAS 



CONARD & JONES CO. 

 Waat Qrava, Pa. 



Mention The R«>Tlmy whpn yon writp. 



iF.zxii^ ROSES ^^•^'' 



First Aid ti BByen-40-H{e FiO List. 

 ^^^tJ LLL LULL \spm»QncLDON.oJ 



for were never delivered,. ^p him. But, 

 if title passed to the buyer at the tleS' 

 tination before the shipment was de- 

 stroyed, and he should sue to recover 

 any money paid on the price or deitJDa 

 a suit brought by the seller to rec-.yer 

 the price, I believe that the conflict in? 

 certificates would neutralize each oiher 

 in effect as legal evidence, leaving tl"* 



