January 28, 1888. 
THE GARDENING WORLD. 
349 
gusts of cold wind be allowed to strike on the berries ; 
otherwise, as in careless thinning, the young and tender 
skins will be injured, afterwards causing rust. The 
pruning of late Vines should be finished, and any 
dressing that may be necessary completed, so that the 
rods may be tied in position. 
Strawberries. —Batches of these may be transferred 
from cooler to warmer houses as they progress towards 
the flowering period. Always keep them'near the 
light, especially when in flower. While at the latter 
stage the temperature should be raised, in order to 
keep up a lively circulation in the atmosphere, and 
ensure the dispersion of the pollen. 
THE KITCHEN GARDEN. 
Cauliflower and Brussels Sprouts. — It is a 
favourite plan with some to raise a batch of these in 
heat and plant them out when the weather is favourable. 
This may also be practised by those who, from some 
cause or other, may have lost their autumn-sown plants. 
Cauliflower, when sufficiently strong, may be dibbled 
into frames artificially heated or otherwise, and in 
March, if the weather be at all of a genial nature, may 
be planted on sheltered borders and protected with 
hand-lights or Spruce branches till, from the nature of 
the weather, they may be fully exposed. 
-- 
LAW NOTES. 
IMPORTANT TO SEEDSMEN and SEED 
GROWERS. 
Reynolds v. Jacob Wrench & Sons. —A case of 
considerable importance to seedsmen and growers came 
before Mr. Justice Denman in the High Court of 
Justice on Monday last. The action was brought by a 
Mrs. Reynolds, a seed grower in Huntingdonshire, 
against Messrs. Jacob Wrench & Sons, seedsmen, of 
London, to recover £Z5. This amount was admitted 
by the defendants, but they raised a counter-claim for 
damages under the following circumstances. In 
November, 1884, they sent to the plaintiff some stock 
seed of Yellow Tankard Turnip, and in due course 
received what they thought was the produce, amounting 
to about 60 bushels. This was sold in November, 1885, 
to Messrs. Peter Lawson & Son, Limited, of Edinburgh, 
as Yellow Tankard Turnip seed, and as such sold by 
them to various customers. It was afterwards dis¬ 
covered that the seed was Purple Mammoth Turnip, 
and claims were made by Messrs. Peter Lawson & Son’s 
customers against them, amounting to nearly £400, 
which they in turn claimed against Messrs. Jacob 
Wrench & Sons, who claimed the amount from Mrs. 
Reynolds by way of damages for breach of contract to 
grow the stock seed sent her. The action came on for 
trial at the Huntingdon Assizes, when the jury found 
in the defendants’ favour on the question whether Mrs. 
Reynolds had returned the wrong crop, and the case 
was adjourned to London on the question whether the 
defendants could claim from the plaintiff the amount for 
which they were liable to Messrs. Peter Lawson & Son, 
Limited, or whether they were entitled to nominal 
damages. It appeared that the defendants’ custom was 
to print on their invoices the following non-guarantee 
clause:—“Messrs. Jacob Wrench & Son give no 
warranty expressed, or implied, as to description, quality, 
productiveness, or any other matter connected with 
the seeds 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 to be at 
once returned.’’ This clause was on the invoice which 
accompanied the stock seed when sent to the plaintiff 
to grow, and was also on the invoice which was sent by 
the defendants to Messrs. Peter Lawson & Son, Limited. 
The contention on the part of the defendants was that 
notwithstanding the clause they were liable to Messrs. 
Peter Lawson & Sons, Limited, as at the time the seeds 
were sold to them it was understood that they were 
selling Yellow Tankard Turnip seed, and no other, 
whereas the seed sold was Purple Mammoth Turnip, 
and evidence was adduced to prove a custom in the 
trade to the effect that when the words “Seeds of 
seller’s own growth and stock ” were used it meant that 
the seed in question was grown from seed specially 
selected by the seed merchant, and consequently the 
non-guarantee clause did not apply, and that in the 
event of any other seed being supplied the seed mer¬ 
chant would be liable to all the consequences. But 
apart from this it was contended that the words in the 
non-guarantee clause could not be applied in this case, 
as the word “ description ” referred to the goods sold, 
which were Yellow Tankard Turnip, and not the 
Purple Mammoth Turnip which was delivered. 
On the part of the plaintiff, the alleged custom was 
repudiated, and her counsel relied on the non-guarantee 
clause, used by the defendant as showing that it was 
part of the terms on which the seed was sold, and that 
there was no liability on their part. He also contended 
that the question turned on the construction of the 
contract between the plaintiff and the defendants, and 
no damages could be given which were not in the 
contemplation of both parties to the contract at the 
time it was made. By the defendants inserting the 
non-guarantee clause on the invoice accompanying the 
stock seed sent to the plaintiff, they had given her 
notice that they did not hold themselves liable to their 
customers, and, consequently, such damages could not 
be contemplated by her in the event of a breach of 
contract to grow the seed, and she could not know that 
any arrangement had been made when the seed was 
sold, which was inconsistent with the non-guarantee 
clause. 
In the result, the judge held that the defendants had 
failed to prove the alleged custom in the trade, and 
that the defendants must be held to their non-guarantee 
clause, and that there being no liability on their part, 
they could only claim nominal damages against the 
plaintiff for the breach of her contract, which he 
assessed at Is. He gave judgment for the plaintiff for 
the amount claimed less the Is., with costs of action. 
Dunsden v. Moss.—An action was tried in the 
Queen’s Bench Division a few days ago, before Mr. 
Justice Stevens, in which the plaintiff, who is a market 
gardener carrying on business at Mitcham, Surrey, 
claimed from the defendant, who carries on business as 
Jacob Wrench & Sons, at 39, King William Street, E.C., 
£500 damages for loss sustained by him in consequence, 
as he alleged, of some seed he purchased from the 
defendant not being of good quality. In the spring of 
1886, plaintiff purchased from defendant seed of Early 
Rain-ham Cabbage to the amount of 50s., this he sowed 
in July, and planted out in August and September 
following. He alleged that he planted 25 acres of these 
Cabbage plants, and the greater portion of them ran to 
seed, and estimated his loss upon this transaction at 
£500. 
The plaintiff and a number of market gardeners, who 
had seen the crop when planted, were called with a 
view of proving that the plants raised from the seed 
supplied consisted of a very small proportion of Early 
Rainham Cabbage, the majority of the plants being, as 
some of the witnesses described them, “a species of wild 
Cabbage.” The defendant’s contention was that if the 
crop failed it was owing to bad cultivation, and not to 
the quality of the seed, and so successful was the 
defendant’s counsel, in the cross-examination of the 
plaintiff and his witnesses, that he elicited sufficient 
evidence from them to satisfy the judge that the 
plaintiff had altogether failed to establish his claim, 
and on completion of the plaintiffs case and without 
calling upon the defendant to call his witnesses, Mr. 
Justice Stevens gave a verdict for defendant with costs. 
It transpired that out of about 18 cwt. of this seed from 
the one parcel sold by the defendant that season, the 
plaintiff was the only person who complained of the 
quality, and the defendant was prepared with 
witnesses, who had purchased some of the seed from 
his firm the same season, to prove that their crops turned 
out well. __ 
QUESTIONS & ANSWERS. 
Exhausted Cucumbers. — G. A. B. .- The long-continued sun¬ 
less weather, and the prevalence of fog, have brought about 
the results of which you complain. The absence of sufficient 
illumination has a direct bearing upon the formation of starch 
by the leaves; and this alone means exhaustion to plants, 
sooner or later, according to the rate of growth kept up by a 
high temperature, especially if the plants are in fruit. Our 
advice is to keep the temperature as low as permissible with 
safety during sunless or foggy weather, and remove all fruits as 
soon as they become fit for use, so as not to exhaust the plants. 
A supply might be maintained by removing all fruits and flowers 
from every alternate plant, which would simply be kept growing 
and increasing in strength while the other set of plants would 
be fruiting. The plants that were merely kept growing should 
afterwards be allowed to take their turn in fruit bearing. 
Cranberry.— Planter: The name of the American Cranberry 
is Vaccinium (Oxycoccus) macrocarpum. It is quite possible to 
grow and fruit the plant in this country, which has been done in 
some parts of England, where it afterwards appeared in a half¬ 
wild state ; but except you have a considerable area of waste 
peaty land which is otherwise useless, it would hardly be worth 
cultivating on a large scale. As an ornamental plant it is 
certainly worth growing, and if cultivated in quantity makes a 
useful preserve.' 
Aucubas in Pots.— Decorator : There is no difficulty in secur¬ 
ing a crop of berries provided you pot up a number of male and 
female plants, and stand them together in a house which is well 
ventilated, and a little heat is kept up so as to encourage the 
dispersion of the pollen. The difficulty with some will rest in 
distinguishing male from female flowers before they expand ; 
but a little careful observation will set the matter at rest. The 
largest and most conspicuous buds are those of the males, owing 
to the much greater number of flowers contained in it. The 
female flowers are produced very few together, and are incon¬ 
spicuous when they expand. Where a large and mixed batch of 
Aucubas are grown a simple method would be to lift those 
plants only bearing fruit. By the first method mentioned, how¬ 
ever, fruiting can be ensured. 
Forcing Rhubarb. — A. B. Byres: Yes, even in the absence of 
a proper forcing-house or pit of any kind, you can obtain a 
supply of forced Rhubarb, even as early as Christmas, by the 
use of any fermenting material. This may consist entirely of 
manure, that is, rank stable manure, thoroughly mixed so as to 
ensure equal fermentation. By the use of Oak, Beech, Maple, 
and other leaves of that nature, a milder and more lasting heat 
may be obtained. Place a Sea Kale pot or box made on purpose, 
having an openable lid on the top, over the crowns, and make 
up a bed of fermenting material all round and over the pots or 
boxes. By doing so now, you will be able to have tenderly 
blanched Rhubarb much earlier than under ordinary circum¬ 
stances. 
Red-barked Dogwood. — E. T. Moir: Although our native 
Dogwood is named Cornus sanguinea, the baik of its own wood 
is by no means so deeply coloured as that of C. alba. The latter 
takes its specific name from the colour of the ripe fruit, and not 
from its young shoots, which are of a deep red, and have a 
striking effect when planted in a mass. 
Pigeon Dung. — F. Anderson: When taken from the dove-cot, 
where it is usually perfectly dry, it has the same properties as 
guano. In other words, it is a nitrogenous manure of first-class 
quality, and should not be used for any purpose in excessive 
quantities. Spring is the best time to apply it out of doors, as 
vegetation soon afterwards springs into activity, and is able to 
absorb the nitrogenous ingredients which are easily soluble, and 
soon become washed away in the drainage by heavy and 
continued rains. 
Planting Rhododendrons. — Amateur: If you cannot secure 
peat in quantity, except at great expense, you can still succeed 
by taking out the natural soil of your beds to a depth of 2 ft., 
and filling them with an artificial compost,consisting of scourings 
of ditches, road scrapings, the cleanings of ponds, and such-like 
that are rich in humus, sand, and other matters. Allow to it rot 
in a heap for a year, and mix with lime some time previous to 
use. Supply plenty of moisture when growing. 
Camellia from Japan. — Camellia: We are under the im¬ 
pression that it is a variety which was grown on the Continent 
some years ago, under the name of Saccoi nova, but have no 
means of verifying it. In any case it is a pretty little flower, 
and if shown at the next Floral Committee meeting, someone 
might recognise it. 
Propagating Pit.— Hot-water Pipes : Put some packing under 
the pipes at intervals of 3 ft. or 4 ft., and they will not suffer 
under the arrangement we suggest. 
Names of Plants. — TV. J. Murphy: The yellow flower is 
Edwardsia microphylla. We will endeavour to find out what 
the Chrysanthemum is by next week. New Subscriber, Halifax: 
Cotoneaster frigida. 
Communications Received.— Reform.—W. J. M.—R. P.— 
D. A.—W. D.—W. B. G.—E. H.—W. C.— E. S. D.—W. R. & Co. 
—B. L.-J. S. T.—J. I. 
-- 
TKADE CATALOGUES EECEIYED. 
The Penny Packet Seed Co., Loughborough. — Illustrated 
Catalogue of Flower and Vegetable Seeds, Bulbs, &c. 
Flanagan & Son, 9S, Cheapside, E.C.—Garden and Flower 
Seeds. 
D. Landreth & Sons, Philadelphia, Pa., U.S.A. —Specialties 
in Garden Seeds. 
Cardno &i Darling, 11, Bridge Street, Aberdeen.—Flower 
and Vegetable Seeds, Hardy Florists’ Flowers, &c. 
P. J. Kane, Kells, co. Meath.—Vegetable and Flower Seeds. 
James Cocker & Sons, Sunnypark, Aberdeen.—Vegetable and 
Flower Seeds, Florists’ Flowers, Bedding Plants, &c. 
-- 
LONDON SEED TRADE. 
January 25th. 
Messrs. Hurst &; Son, 152, Houndsditch, and 39, 
Seed Market, Mark Lane, London, report a quiet 
trade in agricultural seeds. Clovers generally are 
firmly held, but English Bed Clover, being in full 
supply, may be obtained on easier terms. Bye Grasses 
keep firm. Bape and Hemp are dearer. Sainfoin and 
Tares unchanged. 
--* 3 *-- 
OOVENT GARDEN MARKET. 
January 26th. 
Fruit.—Average Wholesale Prices. 
Apples, i sieve 
Grapes .per lb. 1 0 
Grapes, Chan. Islands, 
per lb. 1 0 
Kent Cobs_100 lbs. 50 0 
Melons .each 
Pears, J-sieve. 
Pears, French, doz. .. 
Pine-apples, St. 
1 3 Michaels, each_ 
Pine-apples, Eng., lb. 
s.d. s.d. i 
2 0 4 0 
2 6 
s.d. s.d 
3 0 6 0 
2 0 5 0 
10 2 0 
Vegetables.—Average Retail Prices. 
s.d. s.d. 
Artichokes, Globe,doz. 2 0 3 0 
Beans, French, per lb. 1 0 
Beet, per dozen. 2 0 3 0 
BrusselsSprouts,perlb 0 4 
Cabbages ... .per doz. 2 0 2 6 
Carrots.per bun. 0 6 
Cauliflowers, English, 
per dozen . 40 60 
Celery, per bundle ..20 
Cucumbers, each_ 10 2 0 
Endive, French, doz. 2 6 3 6 
Herbs, per bunch.... 0 2 0 4 
s.d. s.d. 
Horse Radish, bundle 3 0 5 0 
Lettuces .. per dozen 2 0 3 0 
Mushrooms, p. basket 0 9 13 
Onions, per bushel .. 7 0 9 0 
Parsley, per bunch ..06 
Radishes, per dozen.. 1 6 
Sea Kale.. per punnet 2 0 2 6 
Small salading,punnet 0 4 
Spinach, per strike ..20 
Tomatos, per lb.10 16 
Turnips_ per bun. 0 6 
Potatos.- Kent Regents, 80s. to 100s. per ton ; Kent Kidneys, 
80s. to 100s. per ton ; Champions, 70s. per ton. 
