. Florists' review [microform]. Floriculture. 24 The Florists^ Review May 22, id^tion and ^^ ILe5^ Decision oabbie:b is bxtyes's aqent. A Case of General Interest. A decision of practical importance to both shippers and buyers of flowers, nursery stock and seeds, and particular- ly to the Texas trade, was announced recently in the case of Schnoutze vs. Texas Seed & Floral Co., 209 South- western Eeporter, 495. The plaintiff sued to recover damages on the ground that ;^ontracted to buy a quantity of broom corn seed from de- fendant and that the defendant sent cane seed instead
. Florists' review [microform]. Floriculture. 24 The Florists^ Review May 22, id^tion and ^^ ILe5^ Decision oabbie:b is bxtyes's aqent. A Case of General Interest. A decision of practical importance to both shippers and buyers of flowers, nursery stock and seeds, and particular- ly to the Texas trade, was announced recently in the case of Schnoutze vs. Texas Seed & Floral Co., 209 South- western Eeporter, 495. The plaintiff sued to recover damages on the ground that ;^ontracted to buy a quantity of broom corn seed from de- fendant and that the defendant sent cane seed instead, the difference not be- ing discovered until the crop was grow- ing. He declares that he lost $3,000 in consequence. The suit was brought in Kaufman county, Tex., the county in which the plaintiff resides, although the defend- ant's place of business was in Dallas county. Under the statutes of Texas, it was undisputed that the plaintiff's right to bring the suit in his home coun- ty depended upon the contract being so interpreted as to provide for delivery there. Otherwise, the defendant com- pany should have been sued in its own county. Delivery Point Important. Therefore, it became important to de- termine where the contract called for delivery. Since the place for delivery would also be important in a contro- versy concerning liability, as between buyer and seller, for any loss or injury to the goods in transit, in any state, this question becomes one of general interest. It appears that it was mutually agreed that the seed should be shipped by ex- Sress, C. O. D., to the plaintiff from lallas to his place of residence. This was done and the court holds that de- livery was accomplished when the seed company shipped the goods at Dallas, and that, therefore, the Texas statutes entitled the company to be sued in that county. Quoting from a standard legal work, the Texas Court of Civil Appeals said: High Court's Decision. "Ordinarily a delivery of goods by the seller to th
Size: 1744px × 1433px
Photo credit: © Library Book Collection / Alamy / Afripics
License: Licensed
Model Released: No
Keywords: ., bookcentury1900, bookdecad, booksubjectfloriculture, bookyear1912
