A DRAUGHT HORSE DEAL.

Taranaki Daily News, Volume LII, Issue 176, 18 August 1909, Page 4

A DRAUGHT HORSE DEAL.

CLAIM FOR BREACH OF WARRANTY In the S.M. Court yesterday the Westport Coal Company sued George Alex. Cooper for' £l7, for damages for alleged breach of warranty concerning the sale of a mare, the £l7 being the estimated difference (between the price paid for the animal and the price she might be expected to bring now. Mr.'A. H. Johnstone was the solicitor for the plaintiff company, and Mr. J. Quilliam for the defendant.

Oliver Nelson Firth, New Plymouth manager for the Company, stated that in April last the company needed a draught horse. On April 30th Mr. S. Jury brought Cooper with a horse in a dray, into the company's yard. Cooper said the horse .was staunch and quiet. The horse appeared to go all right, but witness suggested that the animal should be left till the morning, when it could be tested with a loaded dray. Cooper objected, saying that witness must either take the horse or leave it. Witness then asked defendant a direct question, whether the horse was staunch and quiet or whether it kicked or jibbed. Defendant replied that the animal neither kicked nor jibbed. Witness then agreed to buy the marc at £24 10s. The next morning the mare refused to pull a coal cart up Devon Street, and had kicked or jibbed on every occasion since that she had been sent out.

To Mr. Quilliam: Witness knew a little about horses, having purchased them for the company for the past four or five years. The marc was a halfdraught. Since witness bought the mare she had not to his knowledge been used to draw *a cab. It had been tried in* a butcher's cart, but had proved a failure there. He had told defendant in one of his letters that he could prove defendant knew the mare was a jibber. Leslie Samuel Duttou, formerly employed in the plaintiff's office, gave corroborative evidence.

Gerald O'Brien, yardman in the employ of the compauy, stated tha! ;'ic mare proved a " rank jib," and if toin-li,.d with a. whip would dfo nothing but kick. He had driven horses for about fourteen years. The mare jibbed without the whip being used.

The defence was a denial of the alleged warranty. The defendant's evidence was to the effect that he bought the mare in 1008 for £22, and had her on trial for ti, month. He used the mare to carry half a ton of cream daily from the creamery to the factory, over six miles of rough road, with two very bad hills on it, practically every day for the rest of the season. She was thoroughly staunch and had never kicked or jibbed with witness. On the day of sale the mare, in addition to her usual work, drew half a ton of butter to the Moturoa freezing works.- Firth asked witness if the mare was quiet, and he answered " yes." After the trial of the animal in the yard witness asked Firth if he \va*s satisfied. The latter said: "Yes, come and get your money." After this, when wniiess delivered the Jiorse, Firth asked liim if the mare kicked, a'id he said, " No, not with me." Up to this nothing had been said about kicking or jibbing. The mare had never kicked or jibbed with witness. He sold her because he had another horse. The mare was highspirited, and witness treated her kindly, as it was necessary to do so. She would not stand knocking about. He never used a kicking strap on her. To Sir. Johnstone: Gave Jury €1 as commission on the sale of the horse, although the plaintiff had commissioned him to get a horse. Jury never nsited witness any questions about the horse. It was not suggested that the horse should lie tried on the following morning". Evidence in support of defendant's story was given by S. Jury, F. Jordan and J. Simpson.

Mr. Johnstone called O. W. Sole and Frank Smith in rebuttal, and their testimony was to the effect that the animal had a had reputation as a "jibber." His Worship reserved his decision.