54 



The Florists^ Review 



Januaby 16, 1913. 



1500 BUSHELS 



PEAS 



FRENCH CANNER 

 also some ALAS K AS for sale. 



BOW PARK FARM 



Brantford, Ont. 



Canada's largest Seed and Experimental Farm 



^. 



Mention The Review when you write. 



COLORED FLOWER 

 3f VEGETABLE 

 SEED 

 BAGS 



Send for Samples 



^Herndon&LesterJnc. 



RICBMOND, VA. 



Mention The Reflew when yoo write. 



D. H. G I I- B E RT 



MONTICELtO, FLA. 



Contract 



WATERMELON 



Grower. 



For prompt order crop 1913 will book at much 

 lower price than previous years. Ask for booklet, 

 illustrated description all leadingr sorts. Surplus 

 list 1912. 



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FLORISTS' FLOWER SEEDS 



CROP 1912 ^,„„ ^ 



Vinca Rosea. Alba pura, each $0.20 $0.30 



Begonia Vernon 40 



Begonia Krfordla BO 



SalvlaBonflre 60 2.00 



Antirrhinum Oiant Flrd.. Sep, colors 20 .60 



WAAkftv ft nitn Seci Merchants 114 Chanbert St.. 



neeuer « uun, ,^ Bnwtn new york cmr 



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Godfrey Calla 



To clean out my stock of this grand Calla, 

 I will sell good plants out of 2i2-inch 

 pots, at $3.00 per 100; $10.00 for 400. 



G. S. RANSBURG, Somenworth, N. H. 



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A Wireless 



Messagre to you: May I quote on 

 your wants in Gladiolus for Sprlngr? 

 Also French bulbs for the Fall. Qual- 

 ity and price equal to the best. 



M. CARROLL, 



Norwood, O. 



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Mention The Review when yon write. 



ever, will teach us more about this ques- 

 tion, and if it is possible to plant the 

 bulbs in this manner much labor will be 

 saved. ' ' 



The seed trade will be interested in 

 the note on aster seed growing in Oregon 

 that appears on another page of this is- 

 sue. Herbert & Fleishauer think many 

 other seeds, including peas and sweet 

 peas, can be grown successfully in their 

 section. 



DISCLAIMER AGAIN UPHELD. 



The seed trade's disclaimer has again 

 been upheld, this time by the Supreme 

 Court of New York, in a case in which 

 the court decided that the stock deliv- 

 ered was not true to name, yet the 

 seller was not responsible. 



The suit in which the decision was 

 rendered was brought against the Page 

 Seed Co., of Greene, N. Y. E. L. Page, 

 who is an ex-president of the American 

 Seed Trade Association, thus simi- 

 marizes the story of the transaction: 



"We sold to a Mr. Platts a quantity 

 of peas which we bought and supposed 

 to be, and still think they were, the 

 variety known as Duke of Albany. It 

 seems that Mr. Platts turned these over 

 to a party by the name of Van Voorhis, 

 or at least a portion of them, and a 

 neighbor of Van Voorhis took the bal- 

 ance. For some reason Van Voorhis 

 and his neighbor did not have crops of 

 peas that were satisfactory to them 

 and they claimed they were not the 

 Duke of Albany variety and so con- 

 sulted an attorney, who took the mat- 

 ter up with us and Van Voorhis claimed 

 damages or sued for $1,600. After ac- 

 tion was begun it was claimed by the 

 plaintiff that Mr. Platts was acting as 

 agent in buying the peas for Van Voor- 

 his and Mr. Platts swore this was the 

 fact and he was simply Van Voorhis' 

 agent. 



"We endeavored to settle the matter' 

 out of court, not because we thought 

 the peas were not as represented, or 

 Duke of Albany, but we preferred to 

 adjust the matter in a satisfactory 

 manner to all parties if possible to do 

 so, and we offered the plaintiff, before 

 the matter had gone into court, to re- 

 fund to him the full amount paid for 

 the peas, together with all charges, 

 such as freights, etc., and also all ex- 

 penses of attorney in the matter up to 

 that time, and $50 or $75 besides, but 

 this the plaintiff refused to accept and 

 we therefore defended the action. 



"We tried out this suit entirely on 

 the non-warranty or disclaimer clause 

 or condition." 



The opinion of the court was as fol- 

 lows: 



At an adjourned trial and special meeting of 

 the Supreme Court of the State of New York, 

 held at the Supreme Court Chambers In the City 

 of Oneonta, N. Y., in and for the County of 

 Otsego, on the 25th day of November, 1912. 



Present: Hon. Albert H. Sewell, Justice pre- 

 siding, Supreme Court, County of Otsego, New 

 York. Faye E. Van Voorhis, plaintiff, against 

 The Page Seed Co., defendant. 



This action was brought by the plaintiff 

 against the defendant for an alleged breach of 

 warranty in the sale of peas. Issue was joined 

 and the action was duly brought on for trial at 

 a trial and special term of this court held at 

 Cooperstown, N. Y., commencing on the 11th 

 dav of November, 1912. By the stipulation and 

 agreement of the parties In open court, a jury 

 trial was waived, and the trial of the cause was 

 duly adjourned to the 25th day of November, 

 1912 at the Supreme Court Chambers In the city 

 of Oneonta, N. Y., to be heard and decided by 

 the court without a jury. At the time and place 

 last mentioned, the plaintiff appeared in person 

 and by Holmes & Waterman, his attorneys, and 

 by Geo. M. Palmer, Esq., of counsel. The de- 

 fendant company appeared by Chas. Clinton, its 

 attorney, and the cause was duly brought on lor 

 trial and heard by the court. ^ , . . .. ,,_. 



The <;au8e having been thus tried by the court 



Lord Kitchener once said 

 to a subordinate who gave 

 reasons for his failure to 

 obey orders, "Your reasons 

 for not doing it are the best 

 I ever heard. Now go and do 

 it." One can usually find rea- 

 sons for and against almost 

 any circumstance. Growers 

 give reasons why it don't pay 

 them to grow lilies some- 

 times. There are some, 

 though, who accept no rea- 

 sons for not making a thing 

 pay, and they are 'the ones 

 who make money. Things 

 which seemed impossible ten 

 years ago are now being 

 done easily. Any florist can 

 make money by growing 

 Horseshoe Brand Giganteum 

 if he will merely grow them 

 well and use. business judg- 

 ment in marketing the flow- 

 ers. The bulbs are the kind 

 that you really need in your 

 business — you' need lilies all 

 the year around — and Horse- 

 shoe Brand Cold Storage Gi- 

 ganteum will take care of 

 that for you. As a man sows, 

 so shall he reap. Therefore 

 in lily bulbs plant the very 

 best you can buy — Horse- 

 shoe Brand — and you have 

 laid the foundation for profit 

 in lily growing. Prices are 

 very reasonable — sent upon 

 request. Write now. 



RALniN.WiUtll 



&C0. 



V THE ULY HOUSE 



NcHowCMeap ^ ^1 Mufray Slfcel 



B.t How Gooi NEW YORK 



Order enough Cold Stor- 

 age Giganteum to carry you 

 through the season. We will 

 make the deliveries automat- 

 ically and relieve you of fur- 

 ther bother, and possibly pre- 

 vent you from forgetting it 

 until too late. Terms, 60 days 

 after you receive the bulbs. 



Mention The Review when you write. 



