164 THE ORCHID REVIEW. [JunE, 1906- 
It appeared that there had been a mistake in the substance of the 
thing sold, the identity of which had been clearly established, and that 
in consequence the sale ought to be annulled, according to the terms of 
Article 1,118 of the Civil Code. 
That in regard to the variety ‘‘ Calos,’’ which M. Linden declared on 
the 11th of June, 1904, to be a unique plant, no other example existing in 
cultivation, it was certain that, even if M. Linden thought this to be the 
case, it was not so in reality. 
That since the rarity of an Orchid is one of the principal things which 
makes it valuable to collectors, it is necessary for a plant to have great 
value, that it should be a unique one. 
There remained only the evidence of the fourth witness against that of 
Mr. Thompson and his gardener, who, considering the state of the foliage 
of the “Calos” at one time, might have at that time thought that it was 
dead, although the second witness says that he does not remember that this 
idea was ever held. 
It mattered little, with regard to the result of the present litigatiom 
whether M. Linden thought, or had any right to think, that the “ Calos”” 
sold years previously to Mr. Thompson was dead, it mattered little whether 
the vendor was of bad faith or not, it was only necessary that there was a 
mistake in the substance of the thing sold. This mistake had been caused 
by the statements, at least imprudent, of the vendor. 
An error in the matter of one only of the five plants would justify the 
annulment of the sale, the five being considered as indivisable as regards. 
the total sum paid. 
The Tribunal, therefore, on these grounds, declared null on the cause of 
error the sale of the five plants of Orchids, and ordered the defendants to 
pay to the plaintiff, first the sum of 30,000 francs (£1,200), being restitution 
of the original price paid; secondly, the sum of 3,000 francs (£120) as 
damages and interest, the plaintiff to return the disputed plants after the 
defendants have paid the amounts ordered by the present judgment. 
The Tribunal decreed M. Lucien Linden (since he was merely a sleeping 
partner in the firm, and could not be condemned jointly with the Société 
Linden et Cie.) personally responsible in his own name for the payment of 
these sums, judgment being entered to that effect. 
INDIVIDUALISM AMONG ORCHIDS. 
WE have lately returned from a motor tour through parts of England—a 
tour made chiefly with the object of visiting some of the fine collections of 
Orchids so often heard of, and seen represented at the meetings of the 
Royal Horticultural Society and the Manchester Orchid Society. 
