MA9CH 12, 1914. 



The Florists' Review 



68 



NURSERY STOCK FOR FLORISTS' TRADE 



PRUIT TRBBS 



Writ* to* 

 mamuuu 



ORNAMBNTAL TRBBS 



SHRUBS 



CLBMATI8 



RQ$ES 



EVERGREENS 



W. & T. SMITH COMPANY. Ccam. N. Y. 



SMALL FRUITS 



n 



XOOO AOBBB 



Mention Th« R«Ttew when you wrlf . . 



HARDY CHOICB 



ORNAMENTALS 



Ask for Prices 



Hiram T. Jones 



UilM Cowly Nancries, EUZABCTtU N. i 



Mention Tho Review when yon writo. 



When Stock Had Been Accepted. 



It was argued on the part of the 

 nurseryman in this case tha,t, inas- 

 much as the customer received the 

 trees on their delivery, he waived any 

 implied warranty, but the court over- 

 ruled this contention, saying that the 

 weight of authority clearly holds that 

 the acceptance of trees does not waive 

 a warranty, and that where, as in this 

 case, the trees upon their arrival at 

 the place of delivery are found to be 

 in bad condition and unfit for replant- 

 ing, in whole or in part, the buyer has 

 the option either to reject them or to 

 receive them and rely upon the war- 

 ranty, and, if there is no waiver of 

 this right, the buyer may bring suit 

 against the seller to recover damages 

 for breach of the warranty, or set up a 

 counterclaim for such damages in a 

 suit brought by the seller to recover 

 the purchase price of the trees. The 

 court said: "It is clear that at 

 the time the trees were received by 

 the buyer he could not definitely de- 

 termine whether the trees had reached 

 that stage of decay which would pre- 

 vent them from growing, and that he 

 had the right to receive them, and as- 

 certain whether or not their condition 

 at the time he did receive them was 

 such as to prevent their recovery from 

 such condition by proper care there- 

 after." 



The Measure of Damages. 



But, in the case of nursery stock, 

 the rule as to the measure of damages 

 recoverable for breach of warranty is 

 somewhat different from the rule that 

 prevails in the case of a sale of seed. 

 For instance, in the case of Sherer vs. 

 Park Nursery Co., 37 Pacific Reporter 

 412, the California Supreme Court de- 

 cided that the damages recoverable for 

 a breach of warranty of the quality 

 of peach trees was the excess of the 

 value of the kind of trees they were 

 represented to be over their actual 

 value, and that this difference in value 

 might be shown by the difference in 

 the value of the land occupied by the 

 two kinds of trees. 



In a Michigan case (Heilman vs. 

 Pruyn, 81 Northwestern Reporter 97), 

 the Supreme Court adopted the view 

 that tfrhere fruit trees proved to be 

 practically worthless, after commencing 

 to bear, the buyer's damages were 

 measurable with reference to the value 

 the land would have possessed with 

 the trees contracted for, and not 

 merely the amount paid for the trees, 



BOBBINK & ATKINS 



PALMS AND GENERAL DECORATIVE PLANTS 



CONIFERS. SHADE AND ORNAMENTAL TREES 



llf PECTIOW tWVITED 



Nurserymen and Florists Rutherford, New Jersey 



MPBtlon The ReTlew when yon write. 



^VA nr^ in a Prkcifinn to Quote prices on speoimen Bvern-e«u 

 vy C arc in a fUMllOn tjiat wm be decidedly attractiye to any- 

 one who is BUYINQ TO SBLL AGAIN. If yon are in the market for anythinc 

 from Norway Spruce to the finer varieties of Byergreens, send in yoor lists and we 

 will giye yon a figure that will make yon money- 



INTERNATHWAL NURaHIES, he.."*' *?Jai£t^»''T'gJg!g "" 



Mention The BeTlew when yon write. 



Get Nelson's 

 Nursery Book 



With our big trees, shrubs 

 and viiies we give a com- ^ 

 pleted landscape at once and 

 Save Years of Wattine 

 We are always ready to co-eperate- 



K^ with florists to improve the groanda' 



■jj^ot their cuatomera. 



■K Our booliahowB bow to dolt. 



|H|^ Swain Nelson ft Sons Co. 



g^^^St Marquette BIdg.. Chicago. 



CMTIRL 

 ACERAGE 



KVOTCD 



ROWER 



' CORK 



VARIETY 



Vtt 





MO. 



Mention Thp H»t1»w when yon wrlt-^ 



plus the cost of setting them out and 

 caring for them, and plus the value of 

 the use of the land lost. 



Trees Become Fart of the Bealty. 



Referring to the court decisions to 

 the effect that the proper measure of 

 damages for delivering seed inferior 

 to that contracted for is the difference 

 between the value of the crop produced 

 and that which would have been pro- 

 duced from seed of the kind bargained 

 for, the Michigan court said: "Where 

 crops are raised from seeds and mature 

 in a few months, and the value of the 

 land is not affected thereby, no other 

 rule of damages can obtain. It is dif- 

 ferent, however, where fruit trees are 

 planted, which will not mature for 

 years, which become a part of the 

 realty, and materially add to its value. 

 The destruction of a crop of cabbage, 

 corn, wheat or other annuals, does not 

 injure the land, and consequently there 

 can be but one rule of damages. * • ♦ 

 It is a matter o£ common knowledge 

 that lands are enhanced in value by 

 orcha.rds of fruit trees. They have 

 a value capable of estimation for the 



DIRECT 

 IMPORTATIONS 



Fall and Spring Shipments 



Valtoy Pip*. Berlin and Hamburg grades 

 Azatoas, Palma, Baya. etc.. from Belgium 

 Basconla. Olaxlnla Bulba. Dec. shipment 

 Baxwaotf, Raaaa, etc.. from Boskoop. Holland 

 Maplaa. Planaa. etc.. from Oudenbosch. Holland 

 Fruit and Ornamantal Stecka from France 

 Insllah Maaattl. Japaaaaa Ullaa, etc. 

 Raffia. Red Star and three other brands 



MCHUTCHISON it CO. 



THK IMPORT NOUSK 

 17 Mnrraj Street, MSW TORB 



Mention The ReTlew when yon write. 



"BiokletoiPeonyCnlture" 



Now ready for distribution. 

 Send for one now. 



PETERSON NURSERY 



30 N. U Salle St, CHICAGO. IlL 



Mention The Herlew when yog write. 



SPIHAEAS 



Special pricea on Froebeli, Pnmifolia,. 

 YanHouttei 



CONARD 4 JONES 

 Waat Qreva, Pa. 



CO. 



Mention The Beylew when yon write. 



reason that they usually yield fruit. 

 The case is not one of speculative dam- 

 ages, but of enhanced value by addi- 

 tion to the realty. The rule of dam- 

 ages ought to be, and is, the same 

 where worthless fruit trees are fur- 

 nished, contrary to the warranty, as 

 where good fruit trees are destroyed 

 by the negligent acts of others. The 

 purchaser has suffered the same dam- 

 ages in each case. Both parties must 

 be held to have contracted with refer- 

 ence to the land in future years, as it 

 would be enhanced by the existence of 

 trees of the kind warranted." 



