BREACH OF WARRANTY.

Taranaki Daily News, Volume LII, Issue 173, 25 August 1909, Page 3

BREACH OF WARRANTY.

A HORSE HEAL. , In the Magistrate's Court yesterday morning Jlr. H. ti. Fitzherbert, S.M., gave his decision in the lease brought by the Westport iCoal Company last Tuesday against 11. Cooper, of Mangorei, for i'.l7 damages for breach of, warranty that a horse sold_ by Cooper to the company was ([uict and did not kick or jib. The Magistrate, said lie had come to the. conclusion that both before and after the mare was purchased by the plaintiff company she was a confirmed jibber and kicker, and thai the defend-1 arat must have been aware of this fact. That was clear enough from the evidence, and there was no doubt that a warranty was given. It was not really necessary, either, that the defendant should have known of the animal's faults. If lie were foolish enough to give a warranty, he must be bound by it. Then the Magistrate went through the evidence piece 'by piece, eventually giving judgment for {lie plaintiff for £l7 aod co-ts amounting in W lis. Mr. Quilliam asked his Worship to make an order that would aliow tile defendant to ttike back the mure and refund the money paid for her, urging that the defendant was prompted t) make this request by the fact that an aspersion was being cast upon hi« character in alleging that lie had sold a ' horse knowing that it was not as good ■ as he represented it to be. His Worship said that Cooper had been given-/in opportunity of doing this, but had not availed liinwclf of it. However, there was nothing to prevent tile ■ parties arriviiisi at a settlement privaie- ' Iv if tiiev wished, lie could not accede '. to the request,