2o6 • fHE ORCHID REVIEW. 



Mr. John Brooks, gardener to the Defendant, said in June, 1900, he 

 received an Orchid from Mr. Keeling as the Harefield Hall variety. They 

 had already two plants, and they put the new one with these. One of the 

 two flowered in November, igoo, the other a year later, both true. The 

 third one, received from Mr. Keeling, had one growth with four leaves on, 

 and a small back break. In April, 1901, Mr. Low came and compared these 

 three plants, and selected the one received from Mr. Keeling. 



It was duly packed, and taken to the railway station by himself, and he 

 could swear that it was the plant they received. He unpacked the plants 

 returned by' Plaintiffs in November, 1901, and he should say they were 

 certainly not parts of the same plant which he had sent them in May. 

 They had grown beyond all reason in Orchid culture, and they did not 

 correspond to the plant which they had sent to Messrs. Low in respect of 

 the markings at the base of the leaves. The three plants agreed in having 

 dusky marks at the base of the leaves. In his opinion it was impossible 

 for the plant sold to Messrs. Low to have flowered in November, 1901. 



Mr. W. M. Appleton said that he had been an Orchid grower in a large 

 way for the last eleven years. He bought the disputed plant from Mr. 

 Keeling on May 29, 1900, for £25 or £30, he was not sure which. It was 

 placed with two others of the same variety, and there were no others near 

 with which it could have been mixed. The plant when he purchased it had a 

 break on it, and it subsequently developed another. In the ordinary course 

 of events he should have expected the plant to flower about November, 

 1902. The two plants that were sent back to him, in his opinion, could 

 not have come from the plant which he sold : there was a difference in the 

 foliage, in the dark markings at the base of the leaves, and the two plants 

 were of such a size that they could not possibly have been grown from the 

 plant he sent. Anyone constantly handling Orchids could recognise a 

 plant from the foliage. He would not say that he could tell a Harefield 

 Hall variety by the foliage, but he should know immediately that a plant 

 having practically no spotting on the leaves was a bad-coloured flower, but 

 it it had spots on the leaves he should infer that it would have a spotted or 

 a darkly-coloured flower. Differences in temperature and light in which 

 the. plants were grown would cause variation in the spots. 



Mr. A. J. Keeling stated that he carried on business at High View 

 Nursery, Cottingley, Bingley, and had known Orchids all his working life. 

 In November, 1899, he purchased a plant of Harefield Hall variety from 

 Mr. George Young, which flowered true. He divided it into four, and one 

 of these parts was sold to Mr. Appleton. Knowing the plant, he should 

 say it would be an impossibility for it to flower until 1902. He had never 

 seen this variety without spots, and in his opinion the plants produced 

 were not a part of the plant he sold to Mr. Appleton. The leaves were 



