The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-06 00:00:00

"MELVILLE v. THE MAYOR AND DOR.

PORATION OF LONDON."

The shove came hee heen tried in the Court of Queen's
Bench, the plaintiff brinJ.g the action to recover £4 920,
the botance of the price of a picture painted by him fur the
Corpora toe. Mr. Lpes, Q 0 , and Mr F. El. LurrAa appeared
for the plaiutiff ; Mr. lheatfier, QC, and Mr. Taltourd
eader forth, detendanta.
_ .

The subject of the picture was the presentation in the
year 1863 of the freedom of the City to his Royal
Highness the Prince of Wales in the Guildhall.
Mr. Lopes opened the plaintiff's case, the substance
of which wax as follow. :—ln the year 1863, it
having been determined that the ceremony should
be performed, some communication relative to a
picture pseud between the plaintiff and • Mr.
Green, • member of the Common C,uocil, which re-
sulted in Sir Prancis Moon giving the plaintiff •
letter of introduction to the Chairman of the Enter-
tainment Committee. Thia led to • discussion upon
the subject of saving a picture painted, and, upon the
plaintiff's suggestion, he and his wife were allotted seats
to view the ceremony for the purpose of getting the
necessary ideas for the picture. In July, 1863, a list of
all the guests who attended were sent to the plaintiff,
who thereupon sent circulars to them requesting sittings
for the purpose of obtaining their portraila. A small
picture was at fust commenced by the plaintiff, but a
discwision arose relative to its size, and it wee aban-
doned ; another was then begun by him, meaeuring 15ft
by 10ft., which was the subject of the present action.
Shortly &Reeser& complaints were made, by some of
the persons who were sitting to the plaintiff for their por-
traits, that it wee inconvenient to go to him studio, and
in consequence • room in the Guildhall was set apart
for him to work in, and in that he and Ma wife were
oocupied eePh the picture for about three and • half
years. In 1866 the picture was nearly finished, and
s me correspondence ensued between the plaintiff and
the City math side, al to the payment for it; the
question was referred to the City lAnds Committee,
*rho decided that it should be bought. There were
many meetings of the Committee upon the matter,
and ultiontely at a meeting of the Common Council,
to whom the resolution of the Lands o,mmittee had
been referred, it was resolved that the picture should
not be bought. Shortly after the commescement of
the picture the plaintiff received the sum of £3OO, but
it we. admitted kr hie counsel that this was not paid
on account of the p.ice of the picture.
Mr. Justice Blackburn said that the question seemed
to be whether or not there was • binding bargain
on the part of the Corporation to boy and pay for the
picture.
Mr. Lopes contended that the letters and the minutes
of the Tarim, meetings, coupled with the fact of the
room and other facilities having been given to the
plaintiff, showed a sufficient intention on the part of
the defendant, to take and pay for the picture, but he
said that he bad no evidence which would carry the
matter any further than that; upon which a nonsult
was directed to be entered,
The plaintiff was nonsulted accordingly.