PAPATOETOE.

Pukekohe & Waiuku Times, Volume 7, Issue 396, 30 July 1918, Page 1

PAPATOETOE.

cow that Bailed to calve INTERESTING LEGAL ACTION Reserved judgment was delivered in Auckland on the 18th inst. by Mr J. E. Wilson, 8.M., in a case attended with some most unusual circumstances, the decision on which will be of considerable importance to the farming community since, it is understood, that there is no precedent of a ruling having previously been obtained in the Courts of New Zealand on such points as were at issue.

The plaintiff was Mr A. C. Douglas, farmer, of Kataia, the defendant being Mr A. C. Jones, farmer, of Papatoetoe. Plaintiff's claim was that as a result of an advt. appearing in an Auckland paper, wherein the defendant offered for sale the two pedigree Jersey cows "Mignonette" and "Heola's Joy" with a warranty that they were in calf to the pedigree Jersey bull "Eileen's Foi," he in March, 1917, purchased both animals. "Mignonette" duly calved but "Heela's Joy," whose date of calving was given by the defendant as on or about Sept. 18th, 1917, had not calved. Plaintiff accordingly in respect of "Heela's Joy" sought to recover from defendant £26 5s (the sum paid for her) as damages for breach of warranty together with £l2 as special damages in respect of milk that should have been obtained from the cow from September 18th last up to the end of the dairying season in June last. The counsel engaged in the case were Messrs Logan and Stout for plaintiff and Mr McArthur (Reyburn and McArthur) for defendant. The plaintiff, in his evidence taken on May 14th at the Kaitaia Court, spoke as to having bought the cow from defendant; receiving a warranty from him that she was in calf to the bull "Eileen's Fox," by whom she was served on December 10th, 1916, being due to calve on September 18th, 1917. The cow, however, did not ralve. There was, he said, no possibility of the cow having slipped her calf after it passed into his possession as she was in a 5-acre paddock and he saw her every day. By reason of her not calving he had lost the value of cream that he would have sent to the factory. It was his opinion that it was impossible for the cow to get in calf as since September she had on three or four occasions refused to take the bull.

Arguments for the defence were to the effect that the cow had either slipped her calf after having been sold or still carried the foetus of a calf.

Giving evidence at the Otahuhu Court on the Ist inst. the defendant stated that the cow after having been in calf four or five months aborted prior to being served by "Eileen's Fox." She did not come into season again after the latter's service and that was a guide that she was in calf. He informed plaintiff by letter at the time the sale was arranged of the fact that she had aborted but for which he would not have sold her for less than 50 guineas Mr Joseph Lyons, Veterinary Supervise of the Agricultural Department, called for the defence, deposed that the only means of determining that a cow was in calf was absence of signs that she wanted to go to the bull. He had frequently taken dead mummified foetus away from cows six months after they were supposed to have aborted. If a cow aborted once she was the more liable to abort again. Cross-examin-ed : Cows sometimes became barren and although taking the bull would not get into calf By the Magistrate: The value of a barren fat Jersey cow would be £ls to £l6.

Mr E. D. McLennan, of Papakura, the owner of the bull 'Eileen's Fox,' also gave evidence and as a breeder said that if a cow failed to want to return to the bull at certain periods subsequent to service he would assume she was in calf.

Mr Spence Atkinson, farmer, of Papatoetoe, deposed as to the cow "Heela's Joy" being servod by the bull "Eileen's Fox."

The Magistrate, in his written judgment, pointed out that plaintiff bought the cow with a full knowledge that she had slipped her previous calf. As a matter of fact, however, he found that the warranty given by the defendant that the cow was in calf was true. No doubt the position an extraordinary one but he could not come to any conclusion on the evidence other th in that the coW became in calf on the date of service stated by defendant, re mained in calf up to the time of »ale and still carried the foetus of such calf. Ho therefore gave judgment for the defendant with costs £6 Is.

DISTRICT NEWS.

A reminder is given of the entertainment to take place in connection u itli the Bed Cross Queen Carnival in the Town Hill next Thursday evening, when school girls will provide the programme which will include drill display, exhibition of dancing, and musical items. On SaMirday evening the exhibition of pictures wi'l be on behalf of the Red Cross fund and Mr Chad wick's pupils will give a series of Scottish dances. For Monday of next week a Roy Scouts' ci ncf-rt is announced. Otjpctions to the Fcheme for the establishment of a Town Board for Papatoetoe have been lodged bv the Manukau t'ounty Council and the Mangere Ro.id Board, both <i which :iu'ho'itie* oppiae the boundaries that have been selected by tho promoters. Owing to the excessively cold •.veath'T there wis only a small attendance at the (' rnival tuchre party and dance held in the Town Hall las' Fri lav evening Mr McDonald a t.ed as M C arid tli'i music was supplied by Mis McDonald. Pa s .aioetoe is n"w leading in the Que>n Carnival followed by East Tamaki and Mangere. The new library established for the benefit of the Methodist Sunday School children was use I for the first time last Sunday and its existence wa much xpprecia'ed by the pupik