A HORSE DEAL.

Taranaki Daily News, Volume XLVII, Issue 81905, 18 December 1906, Page 2

A HORSE DEAL.

JUIXUILLNT mii I'LAINTIt'F. At the New lTyihuulh S..M. Court on Monday, Air I. ilutchisoii, K.ii. gave judgment in the case, jlontcnore v. J cileries, an action for tiie price of a horse sold and dcliveral.i The price arranged was .CV to be paid through Mr -Newton King, and ti.e extinguishment of a debt of some X.l or 13. The defendant, stated in evidence that lie only received the horse upon condition thai lit; was to nave the trial of it until lie again saw Hie planum. Thuutiii, on mc other naiiu, ileiued that there was any such condition and snoweU uial lie was authorised to see Air King and arrange for Ine payment of we cash consideration through linn. The b..U. said tins arrangement was in part earned out aiiu appropriate entries name in in' Kings luook. On ocplcuibcr iiittii the dcicndiiiit tailed at .ur ivmgs to cancel me transaction, out 11 was to Lie observed that lie mu not lepauiate tiie transaction as not unid:i; 0; out ■•cancelled, tile ileal on mc ground that tne worse was not as represented, ine fr.Ai., reviewing tne ov.dcncc to tins stage, lounu mat the sale was not a conditional one, and tuat thereiore the avowed defence aad not been cstauiisticu. The real epiestion in tne ease, however (coiilmued the .Magistrate; made tins conclusion of secondary iinportauce. Tiuacfeiiuam's evidence set up, in edect, a sale with a vwura.iiy ol age, but not a coiiuiUcu. t-aie.

-idler reviewing mo evidence and poiius of llie case, llie £.-U. founu mat ihcro was no orcac* oi warranty on wnien uefenuani could eianu a reduction of tne contract price. "i regrei tnat 1 Jia\ e to come lo tins conclusion,' ue auucu, ""because, upoa me cwucncc uclorc me, tlie iiol.-.e \i..j not worm wiiai the Uefenuani is obliged to give for it.'' Juuguicm for plaintili, with costs, Air I'ltzherbert appeared for tne paiintiif. mx IfutcUeu, for the defeuuant, was given leave to appeal if his client so desires.