50 



The Weekly Florists^ Review* 



JUNB 23, IQIO. 



I 



harsh that there may be grave doubts 

 of its constitutionality. 



If, on the other hand, the facts of the 

 foregoing illustration are changed so 

 that the seller pays the transportation 

 charges, there being no other agreement 

 about point of delivery, the seller has 

 committed an offense under the law. 



Point of Delivery the Key Note. 



Questions have been asked, under the 

 above statement of facts, whether pay- 

 ment for the seeds is an issue. It is not. 

 A sale on credit creates simply the rela- 

 tionship of debtor and creditor. An in- 

 teresting side issue on this question is 

 how does a c. o. d. sale affect the respon- 

 sibility of the seedsman under the seed 

 law of the foreign state? As above sug- 

 gested, f, o. b. means the delivery to 

 the transportation company. Such de- 

 livery passes the title to the goods and 

 further risk and ownership (except stop- 

 page in transit for insolvency of buy- 

 er) is in the buyer. Delivery, therefore, 

 is the key note of the question. In c. o. 

 d. sales does the vendor still retain title, 

 risk and responsibility, on the ground 

 that the carrier is his agent, or does the 

 buyer assume such rights and responsi- 

 bilities? The courts of the several 

 states have been in irreconcilable con- 

 flict on this question, but the weight of 

 authority favors the proposition that 

 the buyer assumes all those risks and 

 that the carrier is simply the agent of 

 the seller to collect the purchase price. 

 Because of the decisions of the state 

 supreme courts it is inadvisable for 

 seedsmen to sell c. o. d. to customers in 

 the states of Iowa, Missouri, Georgia 

 and Vermont, and possibly Colorado. 

 C. o. d. sales are safe in Alabama, Ar- 

 kansas, Illinois, Kansas, Kentucky, 

 Maine, Massachusetts, Nebraska, New 

 Hampshire, New York, North Carolina, 

 Pennsylvania, Texas, West Virginia. 

 The Supreme Court of the United States 

 in effect follows the decisions of the 

 latter states. (Caldwell vs. No. Car., 

 187 U. S. 622.) 



The arrangement of attaching sight 

 or time draft to bill of lading in con- 

 signor's name obviously discloses the 

 situation where the seller postpones the 

 time and place of delivery, consequently 

 the title to the goods, until within the 

 boundaries of the foreign state, and the 

 seedsman naturally falls within the pur- 

 view of the statute, for there is no such 

 thing as a sale unless there be a delivery. 

 An arrangement securing the protection 

 of these methods of collecting the pur- 

 chase price without assuming the risks 

 is not under discussion. 



What Constitutes an Offer. 



The practice of shipping seeds to the 

 foreign state to abide the purchaser's 

 right of inspection and acceptance also 

 postpones the time and place of deliv- 

 ery to the foreign state. 



Is the general advertising of an ex- 

 state dealer in another state an "offer" 

 within the meaning of the seed statute 

 of the foreign state? No. 



Is the solicitation of orders by an 

 agent under above stated laws which 

 are sent to the home office by the cus- 

 tomer or by the agent, where they are 

 accepted or rejected according to dis- 

 cretion, an "offer" by the ex-state seed 

 dealer in the foreign state? No. 



Can the seed merchant himself solicit 

 orders in another state having seed laws 

 of tlw atrove stated character without 

 offending said laws? Yes and no, de- 

 pending on the facts of the case and 



the jurisdiction. The decisions in vari- 

 ous jurisdictions are conflicting on this 

 point. It often happens that the mer- 

 chant himself takes orders in other 

 states, which orders he sends to the 

 home office for execution. These orders 

 are taken subject to examination of 

 credit or of a supply of article on hand, 

 and so forth. Under the advisable con- 

 ditions of delivery above indicated 

 there is no sale or offer of sale in the 

 foreign state. Solicitation of orders, 

 whether by principal or agent, is not a 

 "sale" or an agreement to sell, or an 

 offer or exposing for sale. 



The foregoing remarks and sugges- 

 tions, which I have perhaps miscalled 

 practical, are not intended* to cover 

 every situation, for perhaps the most 

 important thing in deciding a legal 

 point is to have all the facts. A slight 

 variation of facts may swing the de- 

 cision from one result to another. Then, 

 again, your counsel, if he covered every 

 situation, would not have the pleasure 

 of hearing from seedsmen. 



THE TEMPLE SHOW. 



[Continued from page 13.] 



eral interest came the collection from 

 H. Burnett, Guernsey, with fine blooms 

 of Marmion, Mikado, E. F. Felton and 

 others of his own raising. Stuart Low 

 & Co., Bush Hill Park, struck an artistic 

 line in the arrangement of their vases 

 and baskets of flowers. A. F. Button, 

 Iver, the pioneer exhibitor who created 

 a sensation not more than eight years 

 ago, when he first exhibited, has now 

 many rivals, but he still holds his own, 

 and put up a good collection, as did also 

 W. H. Lancashire, Guernsey; S. Morti- 

 mer, Farnham; W. H. Page, Hampton, 

 and several others. Varieties strongly 

 in evidence in all the collections were 

 the British raised Britannia and Mrs. 

 Burnett; also Enchantress, Bose-pink 

 Enchantress, White Perfection and Win- 

 sor. 



Blackmore & Langdon, Bath, and T. 

 S. Ware, Ltd., Feltham, fully main- 

 tained their positions as the leading 

 begonia growers with grand groups 

 of well-grown plants, carrying gigantic, 

 beautifully proportioned blooms. A 

 large carmine-rose variety, with fine, 

 full, double flowers, named Rose Queen, 

 in Blackmore & Langdon 's collection, 

 received an award of merit. Many oth- 

 ers had been similarly honored in pre- 

 vious years. T. Eochford & Sons, Ltd., 

 Broxbourne, exhibited a number of 

 good commercial varieties of ferns. Fine 

 specimens of new, rare and old va- 

 rieties were exhibited by two of Lon- 

 don's best growers, H. B. May & Sons 

 and J. Hill & Son. Sarracenias in va- 

 riety from A. J. A. Bruce, Manchester, 

 were most interesting. As a hybridizer 

 he had previously earned distinction, 

 and on this occasion S. Willmottse was 

 honored with an award of merit; it is a 

 cross between Tolliana and purpurea. 

 One of the most popular awards was to 

 the Mrs. F. Sander marguerite, from 

 Sander & Sons, Bruges and St Albans. 

 It is a chaste white, large double flow- 

 ered marguerite, for purity and size of 

 bloom the best introduction in this 

 line, and the plants are of good deco- 

 rative habit. 



R. P. Ker & Sons, Liverpool, were 

 again in the front r^ink with amaryllis. 

 TuJ^I^, May-floweriig. j, varieties, were 

 staged by Alex. Di<flii?6n & Sons, Ltd., 

 Newtownards; E. H. Bath, Ltd., Wis- 

 beck; Hogg & Eobertson, Dublin; Barr 



IIVE ACRES with the 

 SKinner Irrigation will 

 produce as much crops as 

 TEN ACRES without it. 



The Skinner Irrigation Go. 



TROT, O. 



Mention The Review when you write. 



Vegetable Plants 



Cabbase. All Head, Succession, Second Early, 

 Early Summer. Flat Dutch, Sure Head, Danish 

 Round and Ball Head, at 20c per 100, ll.OO per 

 1000, 10,000 and over 85c per lOOO. 



Ekk Plants. Black Beauty and New York 

 Improved, 40c per 100. t2.C0 per 1000. 



Peppers. Bull Nose, Ruby King and Sweet 

 Mountain. 40c per 100, $2.00 per 1000. 



CASH Wrm ORDER. 



WUt« lanh 



Hd. 



R. Vincent, Jr., & Sons Co., 



Mention The Review when yon write. 



& Sons, London, and several others. The 

 best tree peonies were put up by Kel- 

 way & Sons, Langport. Frank Lilley, 

 Guernsey, made a nice show with early 

 gladioli, anemones and irises. Ehus ty- 

 phina laciniata, a pretty decorative 

 shrub from E. C. Notcutt, Woodbridge, 

 received an award of merit. 



In azaleas and rhododendrons, fine 

 collections were arranged by Jas. 

 Veitch & Sons, Ltd.; E. and G. Cuth- 

 bert and John Waterer & Sons, Bagshot. 

 Azalea Floradora is a bright and in- 

 teresting addition to its class; the flow- 

 ers are a golden reddish shade, spotted 

 dark red, and it received an award of 

 merit as exhibited by E. & G. Cuthbert. 

 Ehododendron Princess Juliana, already 

 honored at German and Dutch exhibi- 

 tions, also received an award, as did al- 

 so Ehododendron Alice, exhibited by J. 

 Waterer & Sons, Ltd. The trusses of 

 flowers are carried very uprightly and 

 the color is a rosy pink. 



Bee. 



NITRATE OF SODA. 



Will you kindly inform us if we can 

 use nitrate of soda in liquid form for 

 tomatoes, and in what quantity f 



W. W. F. C. 



Yes, you can use the nitrate of j^oii 

 on tomatoes, either in dry or liqui*' 

 form. , 



If put on dry, it should be watered 

 in well soon afterward and it should 

 not be thrown upon the lower leaves 

 or stalks, as it burns them. I run » 

 through a sieve first, so as to have no 

 large lumps. Then I scatter it ^^"^fl 

 cast over the beds, as a farmer would 

 sow grain by hand. . 



It is a powerful fertilizer and must 

 be used sparingly. It is quick in aC' 

 tion and will put new life into old 

 plants, but other fertilizers, that con- 

 tain the other two chemicals, potasn 

 and phosphoric acid, should be used a'' 

 so for feeding tomato plants. Nitrogen 

 make* a healthjjr growth^, but the oth®' 

 two fertiliser ingredients do mor^ *<'' 

 ward making a successful crop. 



H. G' 



^ 



