FARMER'S CLAIM.

Auckland Star, Volume LXXI, Issue 223, 19 September 1940, Page 20

FARMER'S CLAIM.

I JUDGMENT FOB PLAINTIFF. CAMBRIDGE, Wednesday. 'Z At the Magistrate's Court to-day Mr. "W. H. Freeman, S.M., gave his reserved •" decision in a civil claim heard last ~inonth, when Frank Klaus, farmer, of (Mr. W. H. Adams, HamilItton), sought to recover from J. P. .Thorpe, cafe proprietor, of Hamilton "TM'■• L. Toinpkins), the sum of £10.1, being the amount of a cheque drawn by the defendant to pay for a mare, Fox jijlloth, owned by Klaus, which cheque withdrawn. ZZZ Judgment was given for plaintiff for ;Hjhe full amount, with costs and witness' r-Sxpenses, according to scale. •££ The magistrate stated that the mare raswas discussed at a polo match, where CSfefendant expressed a desire to buy her. "Zfie and a friend adjourned to a hotel gjjwhere a deal was arranged with plainIpaff's agent. There was a conflict of concerning what happened £ajjn the hotel. A cheque was given as Inpayment for the mare, and later it was £j3»onsidered there had been misrepresentation. Any representation concerning X"the mare had been made- by defendant's ,:Irien<l, eaid the magistrate, and not by plaintiff's agent. If there had,been any about the breeding of the mare, «& was on the defendant to prove there 38ad been misrepresentation. This .had been done, and judgment would be for plaintiff.