International studio (22.1904)

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BADGE IN GOLD AND ENAMEL BY ALEXANDER FISHER
parties to the action. According to the plaintiffs
evidence, Mrs. Sinclair had said, " I shall ask you
to paint me with my little girl when I return to
Town," at the same time handing him a photo-
graph. The defendant, on the other hand, said
that Mr. Fry asked her " to let him paint them "
as shown in the photograph ; and it was suggested
that Mr. Fry intended the picture for exhibition in
the Academy. The plaintiff and defendant were
agreed that the latter requested an " enlarged "
picture to be made, agreeing to give sittings
after Christmas. It was also agreed that some
sittings were given. The picture was sent to the
Academy last year, but was not accepted. When
the plaintiff applied to defendant for payment, she
denied having given an order for the picture;
but she admitted that her memory was "not very
good."

Upon the whole—said His Honour—he had
come, although necessarily with some doubt,
to the following conclusions on this part of the
case: That the defendant used such words, and
acted in such a manner by herself and her
agent—her husband — that the plaintiff was
justified in considering her to have given him
an order for the work and labour, and, of
course, for the materials accessorial to the
picture; also that there was subsequent con-
firmation of such order, and acceptance. At
the same time, His Honour thought that the
defendant was under the impression that she
had an absolute right to refuse to accept the
picture if it did not answer her expectations—
or, as she expressed it, " if she did not like it"
—whether it was a reasonably artistic and satis-
factory picture and portrait or not. His Honour
found that the defendant was mistaken as to any
such restriction or qualification having been
made by her. He had only to add—said His
Honour—that upon the evidence before him, and


STATUETTE: "ADORATION" BY ALEX. FISHER
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