A Cattle Transaction.

Taranaki Daily News, Volume XLVII, Issue 7851, 17 June 1905, Page 2

A Cattle Transaction.

—» —- CLAIM FOH DAMAGES,

A case of some interest to fanners cxme on for hearing at the S.M. 1 Court onFriday, when H. Morrow ami David J.<ynn sued William Hale, of Junction Road, fop £Hil 13s, damages for, alleged misrepresentation- in respect of a cattle transaction at llahotu on J urn 13. WO4. Yu-T. S. Weston appeared for plaintills, and Mr George Bray (Wilson and Gray) for the defendant. 'lhe claim set out that the plaintills purchased from the defendant through" hjx agent (Mr Newton King) a mob of «7 h-'ad of cattle, on the distinct leprcsuntation that, seven of the number were pedigree cows, while the whole S7 were in calf. Plumtifls contended that they would not huve given more than £9 per head for the cattle had not the representation as to pedigree and being in cajf boen ■ made. They therefore claimed the difference of £2 15s per head', a> total i of £l.Ol ,15s„ or' in the alternative claimed that amount for failure on the pnrt of the defendant to supply l lhe pedigrees as- promised, and also

by reason of two of the 37 cows not being in calf.

Stanley Wakefield Shaw, manager for Newton King, g«vc evidence ns to instructing Harry Lynn, stock! agent for Mr King, to examine dei fendant's stock for sale purposes:. At

Rahotu plaintiffs gave instructions to witness to purchase' Hale's stock, which was understood to include sev- ! en grade Jerseys. Witness quoted prices realised at sales of Hale's stock in 1902, and considered the prices paid liy plaintiffs were good. From instructions he receivod from Hale witness was prepared to say ho was authorised to sitate seven of the beasts were grade Jerseys. Harry Lynn deposed that when he saw defendant the latter said there were some 38 to 40 purcfojred and grad» Jerseys',, eight ' to|Mng pedigree stock. Later when witness took his brotlici" to Hole's furm as a buyer, defendant stated, that iho cowa jverq in calf. No sale was effect*d that day, but subsequently, Witness, OB behalf of plaintiffs, agreed to pu.\ £ll 15s i«r head for theinob. Pn a later, occasion witness went out to the farm with defendant. The cows wore herded up, when defendant pointed out t the pedigree stock and wit' ness mtirked them. Defendant also said he would send away for certificates of pedigree. He also said the cows were good milkers and were in calf. Witness had spoken to defendant about the certificates on a later date, and he again promised to send to Auckland for them. Without the pedigree stock the beasts were not. worth more than £9.

David Lynn, one of the pln'in'tifl's, stated that the defendant told him Ihe beasts were in calf to the sire King Dick, and finally that seven were pedigree cows. One certificate was produced. He would not have touched the cattle had not representation of pedigree stock and calvingi been mentioned.

Itichard Morrow gave similar evidence. Andrew Buchanan 1 , President of this .Jersey Breeders' Association, gave expert evidence as to the Custom in regard to pedigrees,. Ho considered the'onus lay on the vendor to produce the certificate.

Newton King stated that the plaintiffs complained to him that the cer'ilicates had nut been produced. There was a very heated interview I etween the parties at his oHico. The outcome was that defendant agreed to write to Waikato, ho believed, for the pedigrees. The cattle were not worth more than £9 per head at the' outside unless defendant produced the pedigrees in regard to tho 'seven COWS. .' , • , ' ■

The case was at 5 p.nv adjourned to Friday next-