. Florists' review [microform]. Floriculture. 116 The Florists' Review NOVBMBEK 20, 1910. 3C DC 3C 3C 3C ===^ NEWS OF THE NURSERY TRADE Ti^l LSic 3C 3C 3C 3C 31 IE The office of the new executive secre- tary of the A. A. N., John Watson, is at 400 Nassau street, Princeton, N. J. R. C. Meneray, one of the veterans in the trade, has bought the nursery of the L. H. Smith Nurserv Co., at Council Bluffs, la. IMPLIED WARRANTY. In Sale of Nursery Stock. A decision of the California District Court of Appeal in the case of Elmer Bros. vs. Carpenter, 183 Pacific Re- porter, 566, denies plaintiffs' right
. Florists' review [microform]. Floriculture. 116 The Florists' Review NOVBMBEK 20, 1910. 3C DC 3C 3C 3C ===^ NEWS OF THE NURSERY TRADE Ti^l LSic 3C 3C 3C 3C 31 IE The office of the new executive secre- tary of the A. A. N., John Watson, is at 400 Nassau street, Princeton, N. J. R. C. Meneray, one of the veterans in the trade, has bought the nursery of the L. H. Smith Nurserv Co., at Council Bluffs, la. IMPLIED WARRANTY. In Sale of Nursery Stock. A decision of the California District Court of Appeal in the case of Elmer Bros. vs. Carpenter, 183 Pacific Re- porter, 566, denies plaintiffs' right to recover the full amount of two notes given for the price of fruit trees sold to defendant. The decision leaves out of consideration a claim by defendant that there was an implied warranty that the trees were in sound condition, proceeding uj)on the theory that de- fendant was entitled to defeat liability on the notes on the ground that there was an express warranty, which had been broken. The suit was brought on two promis- sory notes given to cover the price of 1,200 fruit trees. The trial judge found from the evidence in the case that the notes were wholly without considera- tion, excepting as to $.") which de- fendant received from third i)arties on a resale of part of the stock and for which the court gave ])laintiffs .judg- ment; that consideration for the notes failed because the trees were sold to defendant without previous opportunity for inspection and under misrepresenta- tion that the trees were good, sound and healthy, and not diseased, and that the stock delivered was diseased with a black rot and was condemned under the statutes of California as being un- merchantable. Plaintiff appealed from this judgment to the District Court of Appeal, but that tribunal has affirmed the decision of the lower court. Question of Warranty. On appeal tlie principal points made by the attorneys for the plaintiffs was that the trial judge erred in finding that there was
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Keywords: ., bookcentury1900, bookdecad, booksubjectfloriculture, bookyear1912
