THE ORCHID REVIEW. 
VoL. IX. AUGUST, Igor. [No. 104. 
DIES ORCHIDIANI. 
A case of great importance, both to Amateurs and Nurserymen, has just 
been heard in the Law Courts. It was an action for breach of warranty, 
a plant having been sold from a painting warranted to give a true idea of 
the variety, but when the flowers appeared they proved to be something 
different, and the case ultimately came into the courts for settlement. No 
doubt the case will be reported in your pages, and I do not propose to go 
i details, beyond noting the fact that it has been decided that damages. 
can be recovered in the case of breach of warranty, in addition to the price 
paid for the warranted article. 
This, it may be remembered, was the chief point in dispute in the 
_ memorable case of Ashworth v. Wells, which was reported in detail in 
your sixth volume (pp. 50-52, 77-81.) In that case, a plant called 
“Cattleya Aclandiz alba, seven bulbs, three leaves, only known plant,” 
was sold by auction for the sum of twenty guineas, but which, after the 
trouble and expense of cultivation for two years, proved to be an ordinary 
form of the species, worth about 7s. 6d. An action was accordingly brought 
for breach of warranty, damages to the extent of £50 being claimed, whic 
was met by the payment into court of the price paid for the plant, with 
some small additional sum representing 5 per cent. interest on the purchase 
money and the court fees, whereupon the County Court Judge decided in 
favour of the defendant. This judgment was reversed on appeal by 
_ Justices Day and Lawrence, and was then carried to the Court of Appeal, 
before Lords Justices A. L. Smith, Chitty, and Collins, who dismissed the 
appeal, and gave judgment for the plaintiff for the sum of £50, with costs, 
together with the costs of the Court below and of the original trial. 
In that case a good deal was made of the fact that no white form 
