Brief Tales From The Bench

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Authors: Henry Cecil
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hotel was at such variance with its prices and its literature that he sued the proprietors for damages for breach of contract. I was intrigued by the case because I admit that I am one of those who take an interest in food. Moreover, it was the only case of its kind which I had ever tried, and I thought it unlikely that I would ever have the opportunity of trying another.
    The title of the case was Blandish against the Excelsior Hotel Company Limited. Both sides were represented by counsel, Mr Blandish by the able Mr Benton and the hotel company by an inexperienced young man called Carstairs.
    Mr Benton, in opening the case for Mr Blandish, told me that Mr Blandish had no knowledge of this particular hotel before he went there. It was his practice before going to hotels on what might be termed professional visits, to enter into a little correspondence with the hotel to see how they described themselves, and to ascertain the delights which they were offering to prospective visitors. In the course of his opening, Mr Benton produced one of the letters from the Hotel Excelsior which ran as follows: ‘This is par excellence the hotel de luxe in the south of England. Here is combined superb food with gracious living in the old style. Our terms are not low, but every farthing is returned with interest in the happiness which we take pleasure in providing for you. The hotel is equivalent to an AA five star hotel in service, comfort and food.’
    ‘The defendants,’ said Mr Benton, ‘did not explain how every farthing could be returned and the resident proprietors still survive, let alone how they could afford to pay interest as well. But I should make it plain to your honour that this case is not based upon exaggerations of that kind. If the food, or service, or accommodation had been within measurable distance of what it was held out to be, your honour would not now be troubled with the case. My client replied to the defendant’s letter as follows: “If your hotel is really substantially in accordance with what you represent it to be, I should like a room with a private bathroom. I need good food, quiet and comfort and am prepared to pay for it.”
    ‘The defendants replied that they would be delighted to accommodate my client at the inclusive charge of sixty guineas a week.
    ‘It so happened that my client did want a holiday, and so he booked a room for one week. As your honour will hear, he only stayed for one day, and it is interesting to observe that the defendants are not counterclaiming any damages on the ground that my client booked the room for a week, and only stayed a day. But, whether that is a sign of a guilty conscience, or simply because the defendants find that they can let their rooms so easily, is a matter which your honour will have to judge when you’ve heard the evidence.’
    The plaintiff, Mr Blandish, was then called to give evidence, and the effect of his evidence was this. He said that he arrived at the hotel with two heavy suitcases which he left in his car outside. There was no porter about, so he went up to the reception desk. There he found a young lady painting her nails, and, sitting on a chair not far behind her, a man who was doing a crossword puzzle. Mr Blandish said that first of all he coughed, but, as this produced no effect on the young lady, he said: ‘Excuse me.’
    ‘Yes?’ said the girl.
    ‘I’ve just arrived.’
    ‘Have you booked?’
    ‘Yes, the name is Blandish.’
    ‘Sign the register, please. Here’s the key. Room thirty-two.’
    ‘What about my baggage?’
    ‘Can’t you manage it?’
    ‘No.’
    ‘Is there much?’
    ‘I thought this was a hotel de luxe.’
    ‘Come again,’ said the girl. ‘If you’ve any complaints, there’s the manager.’
    ‘I only want my luggage taken up,’ said Blandish.
    ‘Well, the porter’s down the garden.’
    ‘Have you only one porter?’
    ‘The other one’s off.’
    ‘On what floor is my room?’
    ‘The

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