DISTRICT COURT.

Auckland Star, Volume III, Issue 633, 22 January 1872, Page 2

DISTRICT COURT.

THIS DAY,

Before Thomas Beckham, Esquire, District Court Judge. JUDGMENTS FOR PLAINTIFFS. Coleman v Edger, £37 14s Od ; Donnelly v Pemberton, £35 19s 3d, and costs ; Brighton GMC, v Richards, £32, with costs. DEFENDED CASES. Hamilton v Westlake* —Mr Hesketh for defendant; and Mr J Russell for plaintiff. This was an action for breach of warranty on the sale of a horse, which had been certified as sound.

John Hamilton deposed that he had paid £27 10s on condition that if the horse proved to be " sound and staunch," defendant would cither take it back, or pay £5. After a short trial, he turned out the horse for three days. He was then re-shod. When witness saw him, two days afterwards, he was quite lame. On the second morning after, he appeared well again, but after taking an empty dray four or fire times, he again became lame. Defendant refused to take him back, and witness then put him into defendant's stable.

In cross-examination witness said he did not notice any lameness until after he had been shod.

Further evidence was received. Counsel addressed the Court, and the plaintiff was ultimately nonsuited.