THE ORCHID REVIEW. 239 
A CYPRIPEDIUM SPORT IN THE LAW COURTS. 
A curious law suit respecting a sport of Cypripadi x Harrisi is 
recorded in the July number of the Revue de Horticulture Belge. It 
appears that Messrs. F. Sander & Co. saw a very fine variety of this plant 
in bloom in the establishment of M. Vincke, and purchased it for the sum of 
a thousand francs, but in the following year it produced flowers of an 
inferior character, hence they sought to have the money refunded. The 
action was tried before the Tribunal of Commerce of Bruges on April 16th 
last. Messrs. Sander alleged that they bought the plant for the sum named 
only on account of the peculiarities of colouring which the flower displayed, 
and said that the vendor of an article ought to guarantee the existence of 
the special characteristics which caused the sale to be effected, and that the 
year after the sale, if the plant no longer bore a similar bloom, restitution 
should be made, as is the custom of the trade in dealing with Orchids. 
The vendor replied that there could be no special guarantee, that the plant 
had been bought in flower as it stood, and he denied the alleged custom of 
the trade. 
The Tribunal gave a verdict for the vendor, with costs, on the ground 
that the plant was purchased in the state in which it was offered, without 
any stipulation or guarantee, especially as to the production of similar 
bloom at the next flowering season ; and if it be shown that the plant did 
not again produce a similar flower to that which it bore on the day of sale, 
that fact would not nullify or cancel the sale; that, in fact, the vendor 
parted with the plant without guarantee as to the fixity of the colour or 
tint of the blossom ; that there was therefore no positive mistake to annul 
the contract, nor concealment which justifies cancelling, but simply a 
circumstance, often happening in Orchid culture, that is, the occurrence of 
variation in the colouring. The purchasers, being Orchid importers, must 
be acquainted with these possible variations, and this being the case, if they 
had desired to protect themselves in case of such an event, should have 
stipulated in special terms, or effected a conditional purchase. As to the 
alleged custom of the trade, which the vendor considered had reference 
only to the sale of Orchids not in bloom, the Tribunal passed the matter as 
not being proved, and as not affecting arrangements made between the 
Parties. 
What was the nature of the variation in question, — ee 
hot, does not appear in the report, and it would be rather interesting ¥ 
know. Cypripedium x Harrisianum was the first hybrid in the Oe. ee 
during the twenty-seven years that have elapsed since it oon + 
first time a number of varieties have appeared, some of PO ot 
developed a sportive tendency. This is particularly the case with the one 
