THE ORCHID REVIEW. 261 
After the witnesses for the plaintiff had been examined and cross- 
examined— 
‘‘ Mr. Newman addressed the Court on behalf of the defendant, and did 
not call any witnesses. He said Mr. Ashworth had frankly told them in 
evidence that the sale of Mr. Wells’s collection of Orchids was attended by 
all the big dealers, and everybody else who thought or hoped they could 
make a bargain. Yet only twenty guineas was given for what was distinctly 
stated in the catalogue to be an alba. Mr. Newman asked what better test 
of value there could be than the price given at a public sale by auction ? 
Witnesses had given evidence as to what they considered to be the value of 
the plant, and yet they admitted that they had never seen such a plant, and 
never heard of anybody who possessed one. The fact was that it was a 
pure mistake from beginning to end. It was stated that the plant was 
worth 150 guineas if it existed. 
‘‘ His Honour: You warranted that you had got the plant. 
“Mr. Newman said the widest possibilities ought also to be considered as 
to the existence of such a plant. Mr. Ashworth, in a letter to Mr. Wells, 
wrote that the plant had just flowered, and that he was sorry to say that the 
plant was not an alba, but only a common variety worth from eight to ten 
shillings. He should expect Mr. Wells to return the money paid for the 
plant with five per cent. interest, and ten per cent. for growing, seeing that 
the plant had doubled in size. He went on to say that he presumed Mr. 
Wells bought the plant from Messrs. Sander, and that it was the same as 
~ had been offered to himself for a large sum. Mr. Ashworth said nothing in 
the letter about the extra damages. As a matter of fact Mr. Wells obtained 
the plant from Messrs. Sander, and it was supposed to have come from 
Brazil. 
“Mr. Tweedale, interposing, said perhaps Mr. Wells might tell the Court 
what he gave for the plant. 
‘“ Mr. Newman said he did not propose to offer any evidence on the point. 
He submitted that the best test was the market price. What would be 
given for it in the open market? In face of the warranty no one was 
willing to give more for the plant than twenty guineas. The amount given 
together with interest had been paid into Court, and Mr. Newman 
submitted that was the only damage that the plaintiff was entitled to. 
“His Honour said as this was a test case, it was only reasonable that he 
should take time to consider his decision. He would therefore give it after 
the summer vacation.” 
And thus the matter stands for the present. 
ARGUS. 
