THE ORCHID REVIEW. 237 
not flower true the price of £80 should be repaid with 5 per cent interest ; 
in the meantime the action should be discontinued. Further correspondence 
followed, and new points of defence were raised, which had now been 
abandoned, and the issue was now limited to the amount of damages to be 
recovered. He should call expert evidence to show that this plant would 
have been worth £150 if it had complied with the warranty, but now it was 
only worth £5, and he claimed £120 damages. 
Mr. John Rutherford, M.p., was examined, and stated the circumstances 
under which the plant was purchased, and that two others obtained at the 
same time proved not true to description when they flowered. He saw them 
unpacked, and saw the labels attached to them which he now produced. 
The “Imperator” flowered not according to the picture, and the money was 
returned. The “‘Archipel” was also incorrect. It was supposed to be a 
crispum, but proved to be an Adrianz, but he thought it worth the money 
paid and therefore kept it. The Imperator was a Cattleya Triane, but very 
much smaller than represented and not so good in colour. He had about 
300 Odontoglossums in his Odontoglossum house, besides other Orchids, 
and two men to attend to them. He believed the disputed plant had six bulbs 
when it arrived, but all the bulbs were carefully entered in the record book 
at the time, and the book would speak for itself. The plant had not been 
repotted since he had it, and he could not say what the nature of the com- 
post was. He told the gardener not to repot it tillit flowered. The ivorine 
label, ‘‘ Odonto. crispum ” on one side and “‘ 3a” on the other, was put inthe 
pot when the plant came, and the number was the index number in the 
register book. Some of his constituents had been allowed to go through 
his Orchid houses, but his gardener would be there. 
Mr. John Lupton said that he had been gardener to Mr. Rutherford for 
the last five years, and had attended to the Orchids with the assistance of 
Richard Ferguson. He met the box of Orchids at Blackburn Station, took. 
them to Beardwood, and unpacked them in Mr. Rutherford’s presence. The 
Rambouillet was labelled when unpacked, and he wrote the label marked 3a, 
to correspond with an entry that he made in the register book. Belgian 
pots were very different from English pots, and he could identify them. He 
had seen the drawing, and knew what the flower ought to be like. The 
label had not been changed, and the plant had not been repotted. Since 
this dispute he had not been allowed to touch the plant. It had six bulbs 
on arrival, and he would swear that the plant now produced was the plant 
he unpacked. Hadit flowered as represented in the coloured print it would 
have been worth at least £150, but as it did flower its value was something 
under £5. The original label was not removed from the plant until the 
other had been put in and the entry made in the book. They had purchased 
a few more Orchids from defendants, which would be in Belgian pots. He 
