78 THE ORCHID REVIEW. 
part of his case is that he paid the price, the 20 guineas, which Mr. 
Ashworth paid for the plant, and put his foot down and said “* You are not 
entitled to more.”” The question was whether in law upon this proved 
breach of warranty the plaintiff was entitled to any damages besides the 20 
guineas? The learned County Court Judge held that he was not entitled 
to damages outside the 20 guineas. His brethren in the Court below, 
somewhat differing in their reasons, had sent the case down for a new trial. 
He was of opinion that, with the materials before them, this case should 
not go down for a new trial, but that judgment should be entered for the 
plaintiff for the sum of £50. 
Now there was an over-bearing body of evidence given at the trial by 
Orchid growers who were called, that this white Orchid, if it were a white 
Orchid, was worth 100 guineas. No one could tell at the sale whether it 
was a white Orchid or not, except Mr. Wells himself, who was possessed of 
the plant, and Mr. Wells gave a warranty that it was a white Orchid. The 
plaintiff had to wait the natural course of events to find out whether the 
warranty was true, and, when the blossoms came, it was found that the 
warranty had been broken. 
Now what were the damages which the plaintiff was entitled to recover 
for this breach of warranty? It was said that he was only entitled to 
recover the damages which he could show at the date when the warranty 
was delivered and the plant was delivered. In many cases—probably in 
eighteen out of twenty—it would be so, but in a case like this, in his 
judgment, the plaintiff was entitled to prove that he suffered damages ultra, 
and to wait until the time arrived at which he could prove, and then only 
could prove, that the warranty had been broken—at which date he could 
ascertain the damages which he had incurred. It was said that the damages 
were 20 guineas and nothing more, and it was said that that was the ruling 
factor in the case, because this Orchid was bought upon a warranty at 
auction, and being put up to competition that was the market value of the 
Orchid. In his judgment for such a plant as this there was no market at 
all, and no market value at all ; and whether or not this auction was any 
criterion of market value, there being none at all, he very much doubted, 
seeing that one or two of the witnesses who were called by the plaintiff, who 
deposed to the fact that this Orchid was worth 100 guineas, when asked 
whether they attended the auction to buy, said that they did not. Others 
said they did, and did not bid as regards this Orchid because they did not 
like it, and did not believe in it. He did not believe himself that the 
auction price was the ruling factor even if that were material in this case. 
Now what has the learned Judge found? He has found, “I hold as a fact 
that if this Orchid had been an actual alba it was, at the time of the sale, 
worth more than £50.” Of course he did not want to go further than 
