SALE OF HORSE

Hawke's Bay Herald-Tribune, Issue 112, 28 May 1937, Page 7

SALE OF HORSE

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Buyer Brings Action For Damages

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WELLINGTON, Last Night. The discovery of disability in a three-year-old thoroughbred gelding was the subject of litigation in tho Supreme Court to-d'ay when Walter Smart, pawnbroker, proceeded against Arthur Edmond Preston, junr., for recission of contract and damages. Plajntiff, in1 his statement of claim, said he bought the gelding on the strength of representations that he had done a very good trial with Mittie over a distance of four furlongs and that it was not until after the sale that he found the horse's near hip was down and that in consequence he was valueless as a racehorse, The main gronnd of defence was ,that the horse had been sold in good faith and in the belief that he was sound and that no express warranty of soundness had been given. Mr, Justice Smith presided. Mr, C. H. Weston, K.C., and with him Mr. J. H, Dunn, appeared for the plaintiff and Mr. H. F. O 'Leary, JLC,, and with him Mr. P. H, Putnam, for tho defendant. An unfortunate feature of the case, said Mr. Weston, was that the defendant had not made any attempt to- demonstrate that the horse could gallop. "The pleintiff's allegation in colloquial , language is that the sale was a complete take-down," coneluded Mr. Weston. In his cross-examination of plaintiffMr. O 'Leary asked him if he chargedi defendant with fraud. ; Witness said he had not done so, ' j Mr. O 'Leary; You don't charge him' With fraud? j Witness: No. Giving evidence for the defence] Walter BAbry Hume, trainer, of Levin,) said tfiat there was no disability in' the horse when ho .came to him or when ha left- him. ..Witness tried Mm out with Mittie. He deniod that he told anybody that the gelding was as good as Mittie. The Court adjourned.