A CLAIM THAT FAILED.

Otaki Mail, 9 July 1923, Page 2

A CLAIM THAT FAILED.

In the INl.ugistratc T Court, at Otaki, on Thursday George Gordon (Mr Staveley) .sued 11. G. ALickeli (Air. Atmor e) on a claim tor breaking a horse into saddle and harness. Air. ■ Slavelev, on behalf of tile plaint ill, said that at defendant’s request tlie plaint iIT had gone to Te lion, and had entered into a a agreement with the defendant to break the hurst* into saddle and harness for a lixed juice. The plain till spent a considerable time in invoking ill the horse, but ju-.-t before it aas liidsiied off 1 lie defendant came to Otaki and took the horse away. He subsequent ly refused to j>ay plain till T s account in spite of repeated requests. The pkiintiß’ gave evidence on the above lines and concluded by saying that tin* hor.-e was practically broken in when taken away. Air. Atmore: When did you Jir.-t take ! ii«* horse? I’iainiiff: In March, .192.1. Mr. Arinore: When did defendant a lie it away from you? Ida i a tiff: 1 1; August 1922. Mr. At more: *Js not -evenfeen months an umi.'a.vonable time* to take to 1 1 reak \v :• horse ! Plaint ill*: To; I' 1 , horse imd sore shoulders t .n! i. :u i\ pc o erudition. Plaint ill' admit ted under fnrHier eioss-»*ma uduat ion that the horse was i in good condition when In* took it user: that lie rod*?, ii to work* on occasions, and that he did not have much tine; during the week to at loud to the horse. George Gordon, son of plaintiff, said that he had helped his father to break in the louse on .Sundays. Al.r. Atmore: How many limes was this done ! Gordon: About, two or three tines. Mr. At more: Was any par: of the horse so re ? Gordon: A". The witness also admitted that the horse might have been bioken into saddle. but not into harness. A. W. Hills gave evidence that lie 1 had seen the horse being broken in on Sundays. AFr. Atmore, on behalf of the bofeud- :• iti, *aif.l that !h»* horse hud übeabv been broken into saddle v,'h'”n plaintiil took it over, that the horsy tv as a iuluable one and that it i"d been allowed to get into very poor condition by plaintiff. Seventeen months was a i idicuhmdy long time to have the horse, and that defendant was obliged ! t) take away on iinbiig d in u«-h a disgraceful condition, Ihe plain full ’ was a farmer, and a carpenter, and he had no time to attend to the horse, and dial the tale of the sore shoulder: was •imply an excuse for fading to carryout the agreement, and to gain further time. Moreover the pin A?’of had had 17 months use of the norm* free of charge. He was well paid. The defendant gave evidence as above iii ! : c'-?.(■<; yi;d m uted that he had je w l o- i v 1 > d G.-« horse broken into saddle. Alter regaining possession of the horse he and h. • brother spent three months i- *«kiag l he horse to harness. Air. St a vyl ey: You turned the horse out after breaking it into saddle? IK-fenda ut: i es. Air. Staveley: Then all that would ]• ecd to be done over again? Defendant: .Vo: That would depend on tin* spirit of the animal. Keexamined bv Air. At more. defendant said that plain lift had led the* horse away on the bridle with bit in itmonth. G. R. Mick ell and \\\ Collier gave corroborative evidence, tie* iatiej. .-Hiring that he had broken the horse i xi* * * saddle, to the satisfaction the defy rid a nt. To Mr. Staveley: I took about- four weeks ov*:r th■ ■ job. Ji a hor.-*.' •■•■'o l '.' r.isjFi.o• i o : it a'-aix, it would 'lvpoa'l ou Xho hoTfo a.- to whether it would need to hr; broken in again. To Mr. Atruore: I was paid for my work. J Jo not think I should have t.io-'ij paid if fieiVnd&Mt v.a- not satisfied. The magistrate. it. reviewing the videiiCv. said that ju-igrneat ruust be for the defeiidaiit. He con-ridere-i that seventeen Month* v.as an unreasonable time to take to break the horse into harness, anti he eon-iber-'b that t hr, plea that the horse suffered from a ore shoulders tva* only an excuse. The ,on. rrould have noticed any ,-oreness had it existed. He sva> satisfied from the evidence that the horse had previously been broken into, saddle. Judgment was accordingly entered for the -ici-.it-i' act v.'ith costs.