Kidd V. Royal Agricultural Society of England. 679 
The Foreman : My Lord, we should like to retire. 
Mr, Seymour : I do not know whether you would like to have 
. copy of the ' Mark Lane Express.' 
The Foreman : We have got one. 
Mr. Justice Blackburn : Do you think there is any prospect 
)f your wishing to ask me anything ? I will willingly wait if 
ou think so, but, if not, I will go away. 
The Foreman : My Lord, one question with regard to the 
nisrepresentation as was alleged upon Mr. Ayre's circulars. 
Vlr. Kidd is the Plaintiff, and if we conclude that they are a 
nisrepresentation, the question is, did that affect Mr. Kidd ? 
Mr, Justice Blackburn : Well, I will tell you how that will 
)e. You are quite right to call my attention to it. Mr. Kidd 
limself is the manufacturer merely. If he sold to Ayre, and 
here was nothing more than a sale, he would be responsible for 
rhat he did himself, and not for what Mr. Ayre did ; but, then, 
s I understand the evidence, and that is what you have to con- 
ider, whether it is so or not — as I understand from the evidence 
vlr. Kidd and Mr. Ayre agreed that this article should be made 
nd sold, and supplied to Ayre exclusively by the Plaintiff, 
leing made in this one particular way, and that Mr. Ayre should 
ell it. Still, that would not make Mr. Kidd responsible for all 
hat Mr. Ayre did if you think Mr. Kidd was in ignorance. 
Then comes the question (which I do not think was asked 
lirectly of anybody), do you think that, for these four years, 
tiessrs. Ayre could have been sending round these circulars 
tfithout Mr. Kidd knowing of it, they living in the same town? 
Mr. Field : And then there are those invoices which show 
bat they did know. 
; Mr. Justice Blackburn : Is there any document of Mr, 
'Cidd's own that has been put in evidence which will answer the 
[uestion ? 
Mr. Seymour : There is nothing of the kind ; there is no cir- 
ular of Mr. Kidd's. 
j Mr. Justice BlackbuRN : No, but if there is an invoice from 
Ir. Kidd in which he calls it " Pure Linseed-cake " ? 
Mr. Field : It was put in. 
Mr. Seymour : No, there is nothing of the kind. 
I Mr. Justice Blackburx : I do not remember where it was ; 
ow shall I be able to find it in this immense mass of notes ? 
Mr. Sey'MOUR : There was only an assertion of documents 
I'hich were not put in. 
Mr. Justice Blackburn : Certainly documents must speak 
n themselves. Mr. Field thinks there is one, and the .Jury is 
ot to be swayed by that unless it is produced. I did not think 
lere was one ; and, if there was, it has escaped my attention. 
