594 Kidd V. Royal Agricultural Society of Enyland. 
Mr. Cave : Before we come to that, how long have you sold this " Trians;! 
Best " linseed-cake ? — A. I think about four years. I could tell by referenc 
to our books. 
Q. And about how many tons have you sold? — A. As nearly as I can tel 
between 9000 and 10,000 tons. 
Q. And have you ever had any complaints about it ? — A. We have not. 
Q. Did you know Mr. Wells before the occasion when those two tons wei 
sold to him ? — A. Yes. 
Q. And have you been in the habit of selling him cake ? — A. We have. 
Mr. Field : Were the orders in writing ? Because, if so, let us see them. 
Mr. Justice Blackburn : If we are to have anything about the contract 
between him and Mr. Wells, let us have the contents from the document 
themselves. We cannot enter into this without. 
The Witness : Mr. Wells has had the pure cakes — 
Mr. Field : Have the goodness to wait till your Counsel asks you the ques 
tion, or my Lord permits it. If the orders are in writing, let them b 
produced. 
Mr. Cave : Has Mr. Wells ever given you any verbal orders ? — A. To th 
best of my belief he has. 
Q. For what has he given you orders? 
Mr. Field : Ask what took place — 
A. Mr. Wells has frequently called at our office in Hull, to give orders fc 
cakes. Mr. Wells has had " Diamond K Pure," which are Mr. Kidd's pur 
cakes. He has also had " Diamond Mixed," which are common cakes ; ain 
the cakes in question are the " Triangle Best " which are supposed to tak 
the place of the " genuine " cakes previously made. 
Mr. Cave : You say he has had " Diamond Pure " ? — A. Mr. Wells ha^ 
a running contract with us for these cakes. 
Mr. Justice Blackburn : Then do produce your running contracts, aiv 
then we shall know what we are about. 
The Witness : Here, my Lord, are the entries. (Producing a ledger.) 
Mr. Field : That is in your books — that is not the contract. 
Mr. Justice Blackburn : We want the contracts which you exchanged wit! 
Mr. Wells. 
The Witness : We did not exchange contracts, my Lord. 
Mr. Cave : Have you ever sent to Mr. Wells any of the " Diamond K Pure' 
cake ? — A. We have — here are several — 
Mr. Justice Blackburn : You have — that is enough. 
Mr. Cave : With that cake do you give a written warranty? — A. Wedc 
Q. And the price, I think, you have told us? — A. 111. 5s. per ton : thes 
were charged at 101. per ton. 
Q. On the 19th January, did you send a circular to Mr. Wells ? — A. Yes 
we did. 
Q. Have you got a copy of that circular ? 
Mr. Justice Blackburn : Is it one of those we had put in? We had twi 
different sets, one containing a series of six or seven, and th^ other, a slior 
one in larger type, in which it said " A Best Linseed Cake." 
The Witness : Yes, my Lord. 
Mr. Justice Blackburn: Is it another document besides those? — A. Nc 
mj' Lord. 
Mr. Justice Blackburn : If it is not in already, let it be put in now. 
[The Associate read the circular, as set out at p. 488.] 
Mr. Justice Blackburn: That is the document that went with tin 
sample ? 
Mr. Cave : Yes, (to the Witness) with that circular did you send a fampl' 
cake ? — A, We did. 
