SALE OF A BULL

Evening Post, Volume CXII, Issue 60, 8 September 1926, Page 15

SALE OF A BULL

MISREPRESENTATION ALLEGED

FICTITIOUS PEDIGREE,

(By Telegraph.—Press Association.) HAMILTON, 7th Sept. An interesting claim before Mr. Justice Stringer and a jury of twelve occupied two days.' Henry Zimmerman, a Swiss settler at Kopaki, sued Henry Dowdall, caretaker ...-. of,V;the , Government Farm at Piu, Kopaki, and Michael Joseph Galvin, Crown Lands ranger, at Taumarunui, for £550 for alleged misrepresentation over the sale of a grade bull, which was allegedly sold as a pedigree animal. ~ It was shown in evidence that plaintiff, who had a Jersey herd of 64 cows, wanted to improve his butter-fat returns. He saw Dowdall, who, according to plaintiff, said that he had a good pedigree Jersey bull, and this was purchased by plaintiff for;£23. The bull was allowed to run with, hjs cows, and proved a failure. Plaintiff then pressed Dowdall for the animal's pedigree; and some months later Dowdall gave him a list which he said he had received from Galvin. A letter was also read from Galvin authenticating the pedigree, and asking for 2s 6d search fee, adding that Zimmerman had got "a snip." The alleged pedigree contained a long list of names famous in Greek mythology, ancient and modem history, poetry, politics and fiction, such as: Jupiter—Venus, Ahab—Jezebel, Mark Anthony—Cleopatra, Raleigh—Elizabeth, Napoleon —Jospehine, Ivanhoe — Bride of Lammermoor, Bob Boy— Joan of Are, Copperfield —Little Dorrit, Sherlock1 Holmes-^Lady Watson, Lloyd George —Sylvia Pankhurst, Oscar Wilde—Lady Windermerp, Eugene Aram—Maid of Perth, and many more.

• The list was admittedly drawn up by Galvin, who in defence declared that it was a joke; that was regarded as such by all parties, and that it was only given to plaintiff twelve months after the purchase of the bull. Dowdall's defence was that the bull was never sold as a pedigree one, and that plaintiff inspected the bull and himself took delivery. The jury found that there had been no fraudulent misrepresentation by Dowdall, but awarded plaintiff £36 damages against Galvin. ... A non-suit point raised in Galvin s behalf is to be argued.