SALE OF EWES.

Taranaki Daily News, Volume LIII, Issue 99, 4 August 1910, Page 8

SALE OF EWES.

■ — ACTION, AGAINST AUCTIONEERS.:-

By Telegraph—Press Association. Palmevston, August 3. A judgment of importance to stock auctioneers and sheepfarmers was uivei' by Mr. A. D. Thompson, S.M., vc»terda\ morning. A. J. Toxward, of Pahiatua, sued Abraham and Williams, Ltd., for £111) damages for misrepresentation in connection with a line of (500 ew,es-i ipurchased ironi them at auction by plaintiff in July last, The case,'w,as heard last ■week. '•■ •'■•'•'■ • •■■ ••' 1

Plaintiff's claim was that towards the: end 6f July, .1900, he brought fpmde-l iendatits/at'auction GOO ewes which were 'warranted ip be in' larnb .to- Romney raws.' 'Only t ,300', ewes., ,w.ere in Tamo, giving in all 2gfo lambs,! andof 'these only fifteen were Romney lambs, the' best' toeing 'Southcfowns! The \ 'e { wes were the property of the auctioneers, (defendants), who had bought, them in the 1 Mastertori district shortly before. Before the auction started,, plaintiff saw defendants' Pahiatua manager '(Mr. Col lins), iand ; asked.if he.could rely on thi: ewes being in lamb. In reply he was handed a letter from the Masterton man ager. It stated that "the ewes had twenty Romney iams with them from the middle of March; towaid* the fend of the season seveial Southdowns weic put in; they should therefore be well m ilarnb'' It was admitted that the defendants honestly belwod that the statements jn the letter were true. As a matter of fact, however, the part quoted iin refeience to the iams was mcorlect. Plaintiff was entitled to expect an avciage lambing, and that he did not get.

Judgment was therefore given foi plaintiff for £4B 15s, costs €ls 'ss, sp iicitoi's fee £2 2s.