THE KIND'S PORTRAIT.

Otago Witness, Issue 2928, 27 April 1910, Page 40

THE KIND'S PORTRAIT.

MR TENNYSON COLE'S DISPUTE

ACTION OVER SIGNED ENGRAVINGS. (From Our Own Correspondent.) LONDON, March ir. Mr Philip Tennyson Cole, an Australian artist, whose work is well known in New Zealand, and who has painted the portraits of a host of British and colonial public men, brought an action this week m the King's Bench. Division before Mr Justice Hamilton. Mr Cole sued Messrs Henry Graves and Co., art publishers, of Pall Mall, claiming damages for alleged breach of a contract to produce engravings of a portrait of the King, painted by the plaintiff in 1907, and exhibited at the Royal Academy in the following year by his Majesty's 'command. The defendants counter-claimed damages. Mr Clavell Salter said his client was a portrait painter of some distinction, and in 1907 he received a commission from Sir Alfred Jones, president of the Liverpool Chamber of Commerce, to paint a portrait of the King in Garter regalia for presentation by the Chamber of Commerce to his Majesty. Sittings were given by the King, and the portrait was painted. On January 21, 1908, the defendants by contract agreed to purchase the plaintiff's copyright and to produce engravings within 12 months not smaller than Graves's or Agnew's "Queen." The defendants paid £2OO when the contract was signed, and undertook to pay £SO additional when Mr Cole signed the first batch of proofs. The defendants failed to produce satisfactory engravings within the specified time, said counsel, and they now alleged they were not liable, because Mr Cole caused the picture to be sent to Windsor Castle out of their reach, and refused to sign the proofs submitted to him. The picture was at Mr Cole's studio for many months during the year, and the defendants' artist had ample opportunity of seeing it. Further, a replica was painted and entrusted to the defendants. Under the contract, counsel added, the plaintiff was to have the picture reproduced ibyj an engraving which, in the opinion of reasonable and competent men, a painter could be called upon to approve and sign. The proofs submitted to Mr Cole did not meet with his approval, and he did not sign them. He lost the advertisement which publication of the engravings within 12 months would have given, him, and he contended he was entitled to damages. Plaintiff gave evidence in support of counsel's opening statement. Mr E. B. Haynes, director and general, manager of the defendant company, said Mr Cole refused to touch up the proof of the engraving, and merely made remarks in writing on the margin. The defendants were always willing and anxious to do anything reasonable to carry the matter through. The witness had held his present position fox 20 years, during

which time the firm had produced about 1000 engravings from portraits and pictures without any dispute. The price of artist's proofs of the plaintiff's picture was to be eight guineas each, and of the prints one guinea. The defendants sent out some prints on condition that they would be returned to be signed. None of the recipients expressed disapproval of the engravings; quite the contrary. In his opinion it was a satisfactory engraving. It had been on public exhibition, and had been favourably received. Cross-examined: The engraver was paid £l5O for his work.

Mr Moglia, chairman of the defendant company, stated that M. Coppier, who was employed to engrave the portrait, was a very well known artist in Paris, and received a first medal for an engraving exhibited at the Salon. The engravings of the plaintiff's picture was satisfactory. Counsel addressed tb.3 jui.*7 finishing at the usual time for the rising of the court, and his Lordship deferred judgment.