120 



GARDENERS' MAGAZINE. 



February 



earlier produced, and of better quality. Dung was of great assistance in places 

 where they had a low rainfall, it was an assurance against drought, but it was not 

 of such great consideration in a place like Devonshire. * In reply to the chairman, 

 Mr. Shrivell said up to the present the dressing had been applied each year, but 

 as they went on they would try to see how long the effect of the chemicals would 

 last. With root crops they obtained from 33 to 50 per cent, more with the 

 assistance of chemicals than by dung alone. The use of chemicals made the manure 

 much more valuable than it was by itself. The lecture was followed by a brisk 

 discussion, and at the close a hearty vote of thanks was accorded the lecturer. 



SHEFFIELD CHRYSANTHEMUM SOCIETY. 



This body held its annual general meeting at the Museum Hotel on February 

 2, Mr. J. G. Newsham presiding. The balance-sheet showed an increase to the 

 balance in hand of nearly £16, making a total of over £100. It was decided to 

 put of this amount aside as a reserve fund, experience having shown that 

 unless a provision of this kind is made the society may lose the whole of the 

 balance in the event of inclement weather at *.he annual show. The Gardeners' 

 Provident Fund in connection with the society, is in a sound financial condition, 

 and has a balance of £58 12s. The following gentlemen were elected officers for 



5? o y ??c S President > Mr ' c - E - Jeffcock ; hon. treasurer, Mr. Henry Broomhead, 

 KR.H.S. ; trustees, Mr. J. G. Newsham and Mr. H. Slaney ; auditors, Mr. J. 

 Haigh and Mr. W. Redmill ; librarian, Mr. R. Gascoigne ; collector, Mr. W. 

 Carlton; secretary, Mr. W. Housley, 177, Cemetery Road; curator, Mr. T. 

 brewer. The chrysanthemum show is to be held on November 11 and 12, and 

 schedules can be had from the Secretary, Cemetery Road, Sheffieid. 



The monthly meeting of this society was held at the Museum Hotel, Orchard 

 Street, last Wednesday, Mr. John Haigh presiding. The exhibit J were tulips for 

 professional gardeners, and other flowering plants for amateurs. Some very good 

 specimens of tulips were shown by Messrs. Artindale and Son, not for competition. 

 The varieties were Proserpine, Artus, and Keizer Kroon, a certificate of merit was 

 awarded for culture. Mr. W. H. Winter gave an admirable essay on Plant Life, 

 dealing with the different organs, fertilisation, propagation, and also the methods 

 01 feeding. An interesting discussion followed, and the meeting concluded with a 

 hearty vote of thanks to the essayist. 



BECKENHAM HORTICULTURAL 50CIETY. 



This society has arranged an interesting course of lectures to supplement the 



ThlTZ 7 f me f U T' at various P a P ers are read and discussions follow. 



S t™ Irf ? p §- aCe ° n Fnday evening ' when Mr ' J ames Martin > of Messrs. 

 the SJ ? Tf n £' gavC \ TP? 1 interestin £ a «d instructive discourse on 

 fin Jk J meeting was held in the Public Hall » and the room was well 

 fa torvT I'"? • mp, 7 ed *P the neighbourhood. The lecturer review^ the 

 history of the gloxinia from its earliest known date— 1739-and described its 



broueht n Th e e r- Sent ^ of P erfection *> w »ich this beautiful plan? taTbeS 



J ro f ln Cha r r Wa 1 taken b J Mr ; J" J° nes » of Lewisham. There was a 

 £XS5r££L?i Cy t ° m fu' u b T ght ^ Mn T - which drew from 



t o the 1 ec re? 25 M ?X Wtt com P liment > V <*« of thanks were passed 

 Ibove refc red to Bullivant > of Homewood, for lending the plants 



HORTICULTURAL CLUB. 



there* iSTSmm^mO^^^^^ heId ° n T «esday 8th, when 

 by Sir I D T r lei, Cnng than °" an y P revi o«s occasion, the chair was occupied 

 pLent. Mr ilLl T y v^f-^ - I P L' . chairman of club, there were also 

 fos'enh 'i l lSELt 2^' VIC T e - chairm an ; the Rev. W. Wilks, the Rev. 



ectd member™ o Z (ZSi I' S"™* F ° wler ' and I H ^°° (^wly 

 ( MonrT C \vi th * C ° U ™1 of th * R.H.S.), James Walker, G. Bunyard, 



A. C&ch^lSS C ' ? Vfc Turner ' J' Assbee > J' K - Featherby 



A S L I S L?' p G ' r^ 1, H aJ- Person, Charles Pearson, Philip Crowley 

 and^e secreUrv Mr C Salmond, H. T. Armitage, R. Pinches, ft? 



mental and 2' G - Bunyard arranged for an excellent selection of instru- 



SedhL th?k,^ ^r glVend ^ the evening, an admirable dessert was 



and SoriQ TK " l " ull { decorated with flowers and plants from Messrs. T- Veitch 



took S p^ e tScondiln^f^ P en ' and ^gefher a most successful mee !ng 

 new fiS^SSSfcdf b ^ t0 bC VCry a " d ^veral 



Markets. 



Sl f . Covent Garden. 



t^o?^^ de « nand is H kee " and P rices There are 



Flowers are fairly plentiful L Ve^i^l' ^ a Stead r demand - 



Fruit — AnJri^., j vegetables are becoming dearer. 



pear?* I'to « TTef 2J? d , Sco,ian a PP Ies ' to 3os. per barrel ; French 

 tols: per b.f aC 'J J? ,n t ^ P ? es ' 2S K 6d - *° P- 6d. each ; English grapes, rs. 9 d. 



tomatos, IS . ,0 „ pe frky J lem ° nS ' 8S * \°r ^ ^ ; Canarv 

 18s. per case; Jaffas, ffoSi 6d * ^ *** Valenda OTlia ^ * to 



Flowers.— Arums a* t^'^I'. ■ 



gardenias, 6s. to ^ UhimV^ . carnaUon ?' IS - to 3S.J eucharis, 3 s. to 4s.; 



2S. to 4s. ca Ueyaf 6s to I? • %T S ' f ' *° 6s " - ; tea rOSes " ^ to IS ' P ink r oses 

 is. ; aiTd tuberoS' S tn ti ° don }°S^ssum enspum, is. 6d. to 4s. ; tulips, 6d. to 



chr^santhemSl.s tn'J° do ^ n blooms i Adia ntum cunStum, 4S. 'to 8s. ; 



Roman hS? H *£ S LW™* 5 ' 2' t0 f* J white "*3E 2 £ to 

 (scarlet),^, to st? ; ^ 5 s ' to 8s | ""gnonette 2S . to 4s. ; pelargonium^ 



stephanotis, 4s. to 6s lilv of & ^ t0 if' per dozen bunches ; azaleas, 6d. to 9 d. : 

 dozen spraysf bouvSdi^^ o^^h^'n ^ ^o^ras, 6d. to xs.per 



dozen rolls; asparagus, 43/ to L 'rh,, 1 ^ doze n Punnets; celery, 8s. to 15s. per 

 to as. 6d. per 12 lb. y parsley °s ,0 ST£? ntUe ; mushrooms - <«. to 8s. ; eschallots, £s. 

 bages and savoys, 3^6d to a m J ^' TOt ^ ^ ^ 3S * P 51 " dozen b "nches ; cab- 

 Valencia, 73. to 9 T. 6d.' ner «JT: Pf,^ 1 ,! ? g,,sn ° nion . s ' 6s - to 



7s. per cwt. ; 



cucumber, 4 s. to 8i. per dozen • ^wJ, ndlVe, IS * t0 IS * ^ Iettuce - Is - to 6d. ; 

 flowers, 3 s. to 4s. pffiS'. if^w' ^ t0 " % bUshel ; 



Malta new potatcs.Vss. to 20s'. pSUt hubarb ' 2S * to 2S ' 64 P* dozen bunches; 



iparatively 



Borough Potato Market 



Dunbars, »os. to 120s • Hebron. T at rCCent pdces - 

 mcrop and Sutton's Repent* SS, „ to IOOS - ; Snowdrops, 80s. to 90s 

 ; Belgians, as. to « qSTOL** t0 8 5?'J Riding Giants and Saxons. 



Bruce 

 5s. per 



garden 



Ga; 



i tivatinn «f ITI™ — f • v «*ruenixig i ear Book." 



»9i tan 



The 



Law. 



5ALE OF A CATTLEYA. 



ON Monday last, the 14th inst., an appeal in the case of Ash,™ a 

 heard in the Court of Appeal, before Lord Tustice A t q - r i v ' We 'ls 

 Chitty, and Lord Justice Collins. This was an appeal fiS ' U,i ^ 

 Divisional Court (Mr. Justice Day and Mr. Justice Lawrance^ ™ an otder <i 1 

 the Manchester County Court. The plaintiff, an amateur orchid ™ appeaI &<* 

 an orchid at a sale of the defendant's collection of orchids in T in gr T r ' b «* 

 entered in the catalogue as a "Cattleya Aclandte alba, seven hJ£ 9 5> , lty * 

 leaves, the only known plant, and it was knocked down to the nW-ff and ^ 

 guineas. It had never flowered while in the possession of the def a tw<Slt l 

 turned out after two years' cultivation by the plaintiff to be not an i^' ^ * 

 variety of Cattleya Aclandise, but the ordinary purple form wh,Vh 7 0r ^ 

 7 s. 6d. The plaintiff having brought this action for i^^Tf ^ 

 admitted liability, and paid into Court £23 2s. The County C<W T j?* 

 that if the plant had been an alba it would have been worth more iw r gt hdd 

 time of the sale, but that until it showed its real nature there was m u 4 ' 

 that any orchid-grower would give more than twenty guineas for it »P ro j~% 

 that the sum paid in was enough, and gave judgment for the dkaSLr^ 

 Divisional Court thought that the case ought to be tried again , and senM? L . 

 the County Court Judge. The defendant appealed. . ana sent it back to 



Lord Justice A. L. Smith said that, in his opinion, judgment n„<^ . l 

 entered for the plaintiff for/50. There had been a public Why S f 8 



A AAA 



was admitted by the defend*! 



that one of the entries in the catalogue constituted a warranty with reZT 

 certain orchid It was as follows Cattleya Aclandi* alba, seven E «J 

 three leaves, only known pknt. " The purple cattleya was a common plan • 2 

 white cattleya was exceedingly rare, or rather, if the catalogue was con* 

 unknown. The plaintiff attended the sale and bought this orchid on the faiths 

 the warranty for twenty guineas. If it was purple it was only worth 7s 6d \o» 

 what was the nature of the warranty ? In his judgment, according to the'tri 

 reading of the clause m the catalogue, it was a warranty by the defendant tk 

 this orchid, when it flowered, would flower white. There was no warranty that it 

 would flower, or even that it would live. The plaintiff therefore had to wait the 

 ordinary course of events for the plant to flower, and in two years' time it did 

 flower, not, however, according to the warranty, but it flowered purple. 



plaintiff complained that there had been a breach of the 

 warranty, and brought this action in the County Court 

 The defendant paid into Court the sum of twenty guineas, the price 

 which the plaintiff had paid for the orchid, and a sum of two guineas fa 

 interest, and a further small sum to cover the costs of the plaint. The real ques- 

 tion m the case was whether the plaintiff was in law entitled to any damages 

 beyond the twenty guineas which he had paid for the plaint on the faith of le 

 warranty. The County Court Judge thought that the plaintiff was not entitled to 

 any further damages, and he gave judgment for the defendant on the ground that 

 the sum which he had paid into Court was sufficient to satisfy the plaintiff's claim 

 The Divisional Court had made an order that the case should be sent back for a net 

 trial. In his opinion it should not go back for a new trial, but judgment should 

 be entered for the plaintiff for ^50. At the trial there had been abundant evi- 

 dence, which was uncontradicted, that the orchid, if it was white, was worth one 

 hundred guineas. But no one could possibly tell at the time of the sale whether 

 it was white or not. The plaintiff had to wait to find that out, and after waiting 

 he found that the warranty was broken. Under those circumstances, What were 

 the damages to which the plaintiff was entitled? It was said that he was only 

 entitled to such damages as he could show that he had suffered at the time whtt 

 the article was delivered. In the great majority of cases that was the prop; 

 rule, the market value being the chief factor to be considered. But the plaintiff in 



thl ^ u aSC ^ aS ' in ^ is °P inion » entitled to prove that he had suffered special damages 

 and he might wait a reasonable time to see what those damages were. This orchid 

 could not properly be said to have any market value at all. The County Co 

 Judge found as a fact that, if it was an alba, it was at the time of the sale worth 

 more than £ 50. The evidence showed that it would have been worth more tha 

 £ 100, but with regard to the jurisdiction of the County Court it was sufficient to 

 say it was worth more than ^50. That finding seemed to him to dispose of the 

 case, and he thought that the County Court Judge ought thereupon to have % 

 judgment for the plaintiff for ^50. But he went on, and proceeded to find further 

 that until the plant showed its real nature there was no probability that any orclal 

 grower would give more than twenty guineas for it. He thought the Coug 

 Court Judge, in coming to this further finding, had misdirected himself. T« 

 warranty was that, when the plant flowered, it would flower white. The plain* 

 was entitled to wait until it did flower, which did not happen for two years,* 

 ^Tfi* mlstake to ^ when it did flower and the warranty proved to be broW 

 that the measure of damages was to be regulated by what the plaintiff had 

 for the plant two years before. T ^ ***** «KSrK w *« nn criterion of tK 



loss which he sustained. In his 



ment must be entered as he had stated. 



i^ord Justice Chitty said it had been argued that the only damages which W 



for £* 



The price which he gave was no criterion ot w 

 is opinion, therefore, the appeal failed, and j**" 



been sustained were represented by the difference between the value of the p«» 

 at tne time of the sale and what would have been its value if it had answered v 



the warranty at the time of the sale. He thought that this was not a case J 

 which that general principle could be applied. This was a special kino" 

 warranty, and, in his opinion, the plaintiff had shown special damage. He thoipj 



the first part of the finding of the County Court Judge settled the question, »» 

 that what followed gave rise to the difficulty which had been felt in the case-** 

 plaintiff could not bring his action until he had ascertained that the orchid M" 

 purple flower. He therefore agreed with the judgment which had been deli«*» 

 by Lord Justice A. L. Smith. fc „ w 



Lord Justice Collins said he agreed in the main with his learned brethren- 

 he teu some difficulty in coming to the conclusion that the County Court 



in whose hands the question of damages rested, and who had found £20 to*, 

 sum to which the plaintiff was entitled, had misdirected himself. The ge- 

 principle seemed clear enough— that in cases of breach of warranty the raa^r 

 of damages was the difference between the contract price of the thing sold "J 

 the warranty and the market price or real value if it could be ascertained^ 

 special damages following from the buyer acting on the warranty might be v^T 

 Uere the distinction seemprl t« hr lwu^n th* vain* «f fhp nlant with tne 0* rf 



seemed to be between the value of the plant 



flowered. 



[Advt] 



gency that it might flower and the value of the plant when it had flow— ^ 

 the County Court Judge meant that, and came to the conclusion that the uue 

 ot tne plant with that uncertainty was no more than the money paid intc 1^ 

 he ten a difficulty in saying that he was wrong. But he was satisfied 

 2£k2 f u lng the P kintiff too much, and he would not differ from the judg* 

 which had been delivered 



