The Sale of "First Shot.”

Manawatu Herald, 12 May 1903, Page 3

The Sale of " First Shot.”

Yesterday,. (Friday) the Chief Justiee gave his decision in an appeal heard on the 6th inst. from a decision of Mr Greenfield, S M., at Palmerston North, in the case of Charles Albert Louglmanv. Cumberland McDonnell, in which the plaintift was nonsuited and ordered to pay £3 costs. Plaintiff claimed a sum of £SO for breach of warranty in connection with the sale of a horse called First Shot. He had purchased the animal in July,, 1902 it being warranted to be “ a qualified hunter ” within the meaning of that term, as defined in the racing rules. It subsequently transpired that the horse was not u a qualified hunter, and as a result in re-selling the animal plaintiff stated, he got £SO less than ho would otherwise have obtained. His Honor, in the course ot his judgment, expressed the opinion that if a man was asked as to the character of a horse he was selling, and replied affirmatively, as in the present case, that amounted to a warranty. It was not a mere opinion, but was the statement of a fact which could Only have been known to the seller or the person who certified. The horse was being sold as a hunter, and though qualified in May was not so qualified in Jtoly. The rule was, what was the value of the* horse with the warranty 9 That the Magistratemust find. The nonsuit should be set aside, and the case remitted to the Magis? trate to award damages. Costs seven guineas should be paid by the respondent. —N.Z. Times.