LAW CASE OF INTEREST.

Dominion, Volume 6, Issue 1738, 1 May 1913, Page 8

LAW CASE OF INTEREST.

STOCK SALE ADVERTISEMENTS. ' (By Tetegrapli.—Special Correspondent.) Wanganui, April 30. If cows sold at an auction sale are advertised as "duo" to calve on a cerbiin'date. has tho purchaser any remedy against the vendor if the calves do not arrive when expected? The answer to this, question formed the ' subject of a judgment by Mr. Kerr, S.M., yesterday in a; case of importance to farmers. Plaintiff sued for £'70 15s. Gd., special and general damages, on account of cows advertised as above not fulfilling tho alleged specifications, thereby involving him in loss. • Mr. Armstrong (for plaintiff) contended that the words "due to calvo in' August and September" amounted to a warranty or a representation that induced plaintiff to buy. If it did not amount to either ol' these, then it was a sale "by description," and, if not that, it was a sale with'a condition. In-any case, plaintiff paid a larger sum for tho cows than he otherwise would if the "due dates" had not been advertised. For the defence Mr. Cohen argued that tho words used merely expressed the vendor's personal opinion. If it was intended to guarantee tlio dates that guarantee veuld have been advertised. The words "duo dates" imparted a mere conjecture, and in such cases the judgment of tho purchasers was paramount. His Worship upheld Mr. Cohen's contention and non-suited plaintiff with costs.