48 



The Weekly Florists' Review^ 



/./ 



Apbil 18, 1912. 



shipped, because of the dry season, it 

 did not occur to us that we had a 

 claim for damages. After having 

 placed our order for the stock, we, on 

 our part, sold the greater part of it 

 before it became apparent that only a 

 small delivery would be made. All 

 sales were by mail. No written con- 

 tracts were executed; the contracts all 

 consisted of our tender, the customer's 

 acceptance and our acknowledgment. 

 In the latter we stipulated in every 

 case that the order was entered "sub- 

 ject to the usual disclaimer, shipment 

 on arrival." When only partial de- 

 livery was made to us we applied the 

 stock pro rata on our orders; since we 

 had not booked up all our purchases, 

 the deliveries we made to our custom- 

 ers were slightly better than the de- 

 livery we received. But one of our 

 customers went into the market and 

 bought at considerably higher prices to 

 make up the shortage on our delivery. 

 He asks us to pay the bill. We believe 

 that we are strictly within our legal 

 rights in refusing. Can you give us 

 any information! H. & O. 



The correspondents can not be com- 

 pelled to deliver goods upon the sales- 

 here described, nor to pay damages for 

 their failure to deliver them. They are 

 released from their obligation by rea- 

 son of the fact that the goods have 

 not been delivered to them, and that 

 they themselves sold the goods, not ab- 

 solutely but conditionally. The condi- 

 tion was that delivery was to be made 

 "on arrival." If the sale by the cor- 

 respondents had been absolute and not 

 merely conditional they would have 

 been bound, whether the person of 

 whom they bought made his deliveries 

 or not. But such phrases as "delivery 

 on arrival" or "sold to arrive" or 

 the like, have often been before the 

 dourts for interpretation, and it has 

 always been held that they import a 

 conditional sale. The sellers stipulate 

 that they have made arrangements to 

 have certain goods delivered to them, 

 that they expect delivery to be ^made 

 accordingly, and that when these goods 

 arrive, or if they arrive, delivery shall 

 be made under the conditional contract. 

 The sellers are bound, in such a case, 

 if it is not true that they have made 

 arrangements to have the goods deliv- 

 ered to them. They are bound also if 

 they do anything to prevent delivery 

 of the goods to themselves, or if they 

 neglect any reasonable means of hav- 

 ing them duly delivered. But if they 

 are not responsible for the non-arrival 

 of the goods, by an act either of com- 

 mission or omission, then they are 

 bound simply to deliver the goods if 

 they arrive as expected. If arrival is 

 prevented by any cause for which the 

 sellers are not responsible the contract 

 is at an end. The sellers are not bound 

 to deliver any other goods than those 

 they had in mind and expected to ar- 

 rive when the sale was made, and if 

 they should attempt to deliver any oth- 

 ers the buyers could not be compelled 

 to accept them. The sale is made from 

 a specific lot of goods which the sellers 

 have in mind at the time of the sale; 

 the buyer is informed of this fact by 

 the words "on arrival," "from lot to 

 arrive," etc., and a good delivery can 

 not be made from any other lot. 

 J. C. 



CATALOGUES RECEIVED. 



V. Lemoine & Son, Nancy, France, 



GLADIOLI 



Ten Bushels America Bulblets 



$8.00 per peck, $30.00 per bushel 



My gladioli are exceptionally fine this season and have kept through the 

 winter in good condition. I offer to the trade the following, Va inch and up 

 unless otherwise stated : 



Per 1000 



20.000 America. 1^ in. to 1^ in $26.00 



40.000 America. 1 In. to Ik in 20.00 



Also 4th, 5th and 6th sizes. 



3.000 Augusta, II4 in. to l^a In 12.00 



1.000 Columbia 25.00 



2,000 Geo. Paul 30.00 



5,000 Golden Queen 30.00 



1,000 Independence 16.00 



1,000 Klondyke 25.00 



6,000 President Taft 26.00 



1,000 Purity 36.00 



1,000 Taconic 30.00 



Per 100 



200 Baron Hulot $10.00 



SOOPrinceps 12.00 



500 Rosella 10.00 



250 at 1.000 rate. 



Per 1000 



1.000 Red and Scarlet $ 9.00 



2,000 Extra White and Light 16.00 



2,000 Pink and Rose 15.00 



1.000 Striped and Variegated 18.00 



5.000 Scarlet, white throat 15.00 



2,000 Pink and White Mixture 18.00 



1,000 Childsii Mixed 15.00 



5,000 Fancy Mixed 10.00 



5,000 XXX Mixed 18.00 



IS.OOO Mixed Bulbs, counter size, 1% to 2i2-in., $10.00 per 1000. 



I can also supply Africa, Addison, Black Beauty, Bouquet d'Or, Chocolate Drop, 

 De Cheville, Edison, Empire, Embossed Yellow, Isaac Bachanan, Lucille, Mrs. 

 Beecher, Mohonk, Mrs. Jas. Lancashire, Michigan, Ophir, Pink Perfection, Rath, 

 Sulphur Queen, Shirley, Sarah, "1900." 



SEND FOR 1912 TRADE LIST 



E. L Stewart, Rives June. , Nich. 



Mention The Review when you write. 



SELECT GLADIOLUS 



100 1000 



America, First Size $4.0(1 $36.00 



Ameriea, Second Size 3.25 28.00 



Mrs. Francis King^, First Size 3.00 26.00 



Mrs. Francis Kins, Second Size 2.25 20.00 



Mme. Monneret, l^lrst Size 2.25 20.00 



Independence, First Size 3.00 25.00 



Liffht and White Mixed, Fancy 1.75 15.00 



Liirhtand White Mixed, Second Size... 1.50 13.50 



Choice Mixed, All Colore 1.00 9.00 



Caladiums, 7-9 strong bulbs 3.50 30.00 



Tuberoses, First Size 1.10 9.50 



Asparagus Plumosus Nanus, New Crop Wisconsin Greenhouse Grown Seed. 

 1000 Seeds. $3.50 5000, $16.25 10.000, $30.00 



G. H. HUNKEL CO., Seedsmen, 'ii^^HISISS^. 



Mention The ReTlew when yon write. 



SOME SPECIAL GLADIOLI 



Per 100 Per 100 



Prlneeps $12.00 Alaska, new white $60.00 



Panama 30.00 Baron Hulot 10.00 



Nlacara 18.00 



8H discount for cash with order. 



JOHN LEWIS CHILDS, Flowerfield, L. I., N. Y. 



HeDtion The Review when yoa write. 



t^iUm. GROW COLD STORAGE ULIES 



For sizes and prices, write 



C. C. POLLWORTH CO., Milwaukee, Wis. 



MenUoD The Review when you write 



BURNETT BROS. 



SEEDS t: BULBS :t PLAIVTS 

 7S Cortlandt St., NKW TO^K CITT 



Mention The Review when yon write. 



Lily of the Valley Pips 



For prices see my Classified ad. 



H. N. BRUNS, 3032-3040 W.Madisoa SL, Chicago 



HentioD The Review when you write. 



