. Florists' review [microform]. Floriculture. 18 The Florists^ Review Septembbb 11, is'fotion «Mid L^5^ DeciSS COMPLIANCE WITH CONTBACTS. Questions Peculiar to Trade. Although contracts for the sale of floral, nursery and seed stocks are gov- erned by the same general principles applicable to sale of personal property in general, their particular nature gives rise to important and interesting ques- tions which are not always readily de- terminable on a reference to general principles. An instructive decision under this head was handed down by the Penn- sylvania Superior court, in a suit
. Florists' review [microform]. Floriculture. 18 The Florists^ Review Septembbb 11, is'fotion «Mid L^5^ DeciSS COMPLIANCE WITH CONTBACTS. Questions Peculiar to Trade. Although contracts for the sale of floral, nursery and seed stocks are gov- erned by the same general principles applicable to sale of personal property in general, their particular nature gives rise to important and interesting ques- tions which are not always readily de- terminable on a reference to general principles. An instructive decision under this head was handed down by the Penn- sylvania Superior court, in a suit in which the validity of defenses against liability for the purchase price of cer- tain imported shrubs and plants was determined by that court. The first item of the defense rested on a claim that certain plants were not of the height called for by the contract of sale. This point was ruled against the buyer, because it appeared that he ' jcepted delivery, i)aying duty and ocean freight on the plants, after full opportunity for inspection, and that no objection to the height of the plants was signified until the suit was brought, more than a year after delivery. Under these circumstances tlie court said: "The size of the plants was a matter that would become evident as soon as the defendants received thom and they were at that time required to inspect the goods. The duty was upon the de- fendants, after a reasonable time for inspection, to either acceiit or reject the yoods, and if rejected, to promptly no- tify the ; Breach of Warranty, But other defenses were resolved in favor of the defendant buyers. As to one of the items of goods sold, it ap- j)eared that the plaintiffs, the sellers, had informed defendants that certain plants were hardy in the American cli- mate and that these plants were bought on the strength of the representation— the buyers not being familiar with the particular variety arid so advising the sellers when the contract was enter
Size: 1736px × 1439px
Photo credit: © Library Book Collection / Alamy / Afripics
License: Licensed
Model Released: No
Keywords: ., bookcentury1900, bookdecad, booksubjectfloriculture, bookyear1912
