Kidd V. Roi/nl Agricultural Society of England. 677 
me that it really was dirty, and that the thing is substantially 
rue, that again would be a verdict for the Defendant, But if 
■,ou think that either of these have failed to be proved to the 
>xtent to which the libel goes and imputes them, then there will 
he a verdict for the Plaintiff with the damages that you think 
vill be proper under the circumstances. 
Now, Gentlemen, if you take that latter view it becomes of 
ourse very important to see whether this was really made to be 
old as an imposition upon people who were to buy it, not 
'inowing that one half of it was not linseed at all — was not the 
'lonest product of the seed after squeezing out the oil, from either 
•lean or dirty linseed, but that it was an article which to the 
••xtent of one half was manufactured by putting in other things — 
ery probably harmless in themselves and good enough at a 
-ertain price to sell, but which certainly would not be linseed — 
f you take that view, in considering the damages, that is a very 
mportant element to be considered. 
As to that you have had a great deal of evidence and argument 
(Idressed to you, with reference to putting on the cake " Triangle 
5est," that not only was the triangle a trade mark, but the " best " 
ias a trade mark also, and that it was m.eant to assert merely that 
his was Mr. Kidd's manufacture without assertingthat it was good, 
)etter, or best. You must judge for yourselves upon that. Then it 
t as asserted very boldly by Mr. Kidd and Mr. Ayre that they told 
verybody what it was. There was a total failure in that. When 
.itnesses were called to-day, not one of them ventured to say they 
ver were told there was sesame in it. They asserted that they told 
• It. Wells about bran and sesame being in it. But Mr. Wells swore 
bat he never knew of the word " sesame," except, as I said the other 
ay, in the 'Arabian Nights,' till the action was begun. I am quite 
ti ignorance whether you are farmers, landowners, merchants, or 
k'hat, but some of you probably would know pretty well about 
his, whether it would be generally known that linseed-cake of 
bis sort was made of sesame in connection with the other ingre- 
ients. \ ou must consider all about this — you find that in each 
ocument they always talk of it as " Triangle Best Linseed ;" and 
a the circulars 1 certainly should not have considered that the 
Triangle Best " Avhich was written up there by being placed 
bove the Ordinary, was an assertion that it was to be classed 
ath the Ordinary. I should have supposed, from its price 
nd the description, it was intended to be represented as linseed- 
ake but not the linseed-cake which was made pure — certainly 
ot one which had a warranty, but still a linseed-cake. But after 
11 it is more a matter of substance whether it was held forth in 
aat way or not. There is some truth in Mr. Wells's assertion 
'ho said, when he heard of bran being mixed with it, that to pay 
