66 



The Rorists' Review 



JANDABZ 16, 1013. 



PLANT NOW FOR VALENTINE'S DAY 



Bruns' Celebrated Chicago Market Valley 



THE FINEST FORCINQ VALLEY IN AMERICA 



$18.00 per 1000 



$9.50 per 500 



$5.Q0 per 250 



FLORISTS' MONEY MAKER, $16.00 per 1000; $8.50 per 500; $4.50 per 250 



H. N. BRUNS 



3032-3042 WEST MADISON STREET 



CHICAGO 



Mention The Review when you write 



without a jury, upon the issue of fact Joined 

 therein, and the proofs and allegations of the re- 

 spective parties, and arguments of counsel hav- 

 ing been heard and duly and fully considered, I 

 do find and decide as matters of facts, as follows: 



First— That in February, .1911, the plaintiff 

 ordered from the defendant through one Peter 

 H. Piatts, acting as his agent, fifteen bushels of 

 peas of the variety known as Duke of Albany, 

 and that again in June, 1911, the plainttfT, 

 through Mr. Piatts, acting as his agent, ordered 

 from the defendant five bushels more of the same 

 variety of peas; that these orders were received 

 and filled by the defendant and the peas were 

 shipped to and received by Mr. Piatts, and that 

 Mr. Piatts remitted payment to the defendant. 



Second — That the defendant understood when 

 these orders were received, and when the seeds 

 were shipped, that it was dealing with Mr. Piatts 

 individually, and had no knowledge or informa- 

 tion of any kind that the plaintiff or any other 

 person was interested in the sale of the seeds, 

 and had no knowledge of any alleged agency on 

 the part of Mr. Piatts until in the fall of 1911, 

 and after the seed in question bad been planted 

 and all or nearly all harvested. 



Third — That Mr. Piatts' agency In the transac- 

 tion was not disclosed to the defendant until long 

 after the sale of the seeds In question; that he 

 had dealt in seeds for about sixteen years; that 

 he had dealt with the defendant and bad been 

 one of its customers for three years or more prior 

 to the purchase of these seeds; that he well 

 knew and fully understood that fact that it was 

 the general custom of dealers in seeds, and par- 

 ticularly the defendant, to sell seeds with a 

 disclaimer of warranty; that the disclaimer and 

 non-warranty condition was in his mind when he 

 ordered all the seeds in question; that he fully 

 understood the disclaimer of warranty condition 

 from having read It on diCTerent occasions before 

 the purchase of the seed in question. 



Fourth — That the seeds purchased by the plain- 

 tiff through his undisclosed agent, Mr. Piatts, 

 were not of the variety known as Duke of Albany, 

 but that Mr. Piatts, the agent, was fully cogni- 

 zant of the disclaimer of warranty on the part 

 of the defendant, and was cognizant of all the 

 facts in "Findings Third." above set forth, and 

 well knew and understood that the disclaimer of 

 warranty was one of the conditions of the sales 

 and was a part of the contracts of sale of the 

 seed In question; that the disclaimer of warrant.v 

 was printed on slips and was In at least three of 

 the bags containing the peas (exhibit fiVe in evi- 

 dence) and was in the words following: 



"The Page Seed Co. give no warranty, express 

 or implied, as to description, quality, productive- 

 ness or any other matter of any seeds, bulbs or 

 plants they send out, and they will not be in any 

 way responsible for the crop. If the purchaser 

 does not accept the goods on these terms, they 

 are at once to be returned." 



That the plaintiff was ch^^-geable with the 

 knowledge of his agent acquired in the transac- 

 tion and that this knowledRe was present In the 

 mind of the agent, Mr. Piatts, at the time of 

 the purchase of the seeds in question. 



CONCLUSIONS OP LAW. 



I find, decide, order and direct: 



First — ^That there was no warranty, express or 

 implied, of the seeds in question. 



Second — That the plaintiff failed to establish 

 the canse of action, set forth in the complaint 

 herein. 



Third— That the plaintiff failed to establish 

 any cause of action in bis favor and against the 

 defendant. 



Fourth — That the defendant Is entitled to Judg- 

 ment in this action, on the merits thereof. In his 

 favor and against said plaintiff for a dismissal 

 of the complaint herein and a dismissal of the 

 action, with costs to be taxed as provided by law, 

 and Judgment Is hereby ordered and directed ac- 

 cordingly. 



(Signed) ALBERT H. SBWELL, 



Justice Supreme Court. 



CANNEBS' PEAS. 



The National Canners* Association 

 has issued its annual official report 

 showing the pack of tomatoes, corn 

 and peas for 1912. The total number 

 of cases of the three •ommodities is 



COLD 

 STORAGE 



ULY OF THE VALLEY 



FOR JANUARY FORCING 



New crop should never be used for January forcing, as it does not force 

 easily or give the requisite amount of foliage so early in the season. Gold 

 storage valley should always be used for January forcing. 



We carry only one grade— the very highest quality abtainable. Cases 

 containing 250 pips, $5.00 each; 500 pips, $9.50 each; 1000 pips, $18.00 each. 



Spiraea 



Oladatone. Fine Clumps. Case lot 

 of 100, at $8.00 per case. 



Queea Alexandra. Fine clumps. 

 Case lot of 100, at $11.00 per case. 



Lilium Giganteum 



7-9 inch bulbs, case of 200, at $16.50 per case. 



Tuberous-Rooted Begonias 



In five colors— white, pink, scarlet, yellow and crimson. Sing^Ie, $2.50 per 

 100; double, $4.00 per 100. 



Gloxinias 



Mixed colors, $3.00 per 100. 



F. R. PIERSON CO., 



Tarrytown-on-Hudson, 

 NEW YORK 



Mention The Review when yon write. 



LILY OF THE VALLEY 



Giant Forcing— Fresh stock, now ready for use. 

 Case of 250, $4.26; case of 500, $8.00; case of 1000, $15.00; original case of 250O, $35.75 



Lllluin Auratum 



Album. 



llos«uin- 



M«lpom«n«. 



.8 to 9. $ 5.50 per 100 



.9 to 11. 8.50 per 100 



.8 to 9, 8.00 per 100 



.9 to 11, 12.00 per 100 



.8 to 9, 6.00 per 100 



.9 to 11, 8.00 per 100 



.8 to 9, 5.00 per 100 



.9 to 11, 8.00 per 100 



Sphacnum Moss, barlap baled, at $1.50 per bale. 



$ 47.50 per 1000 

 80,00 per lOOO 

 75.00 per lOOO 

 110.00 per 1000 

 45.00 per lOOO' 

 75.00 per 1000- 

 45.00 per 1000 

 75.00 per 1000- 



CURRIE BROS. CO., los wkmii st-312 BrMdwiy. Njlwaukee, Wis. 



Mention The RctIcw when yog write. 



PAPER WHITE, LIL. CANDIDUM 



and all Dutch Bulbs; also Lil. Giganteum 

 from storage and new stock. Boxwoods. 

 Holly and Evergreens. Write for prices. 



D. RUSCONI 



IM'ltl W. ath St.. CniCXMMATI. OHIO 



Always Mention the... 



FLORISTS' REVIEW 



..I Wkeo Writing AtfvertlMri 



8. 8. SKIDELSKY & CO. 

 Plants, Bulbs and Seeds 



1218 Bstz Bide, 



PHILADELPHIA, PA. 



See ear Ads in the Qessified DepartMcnt for yoir 

 wants. 



Always Mention the... 



FLORISTS' REVIEW 



When Writing AdvertlMrs 



