LAW CASE OF INTEREST.

Taranaki Daily News, Volume LV, Issue 292, 2 May 1913, Page 8

LAW CASE OF INTEREST.

STOCK SALE ADVERTISEMENTS. Per Press Association. Wanganui, Thursday. If . cows sold at an auction sale are advertised as "due" to calve oil a certain date, has the purchaser any remedy against the vendor if the calves do not arrive when expected? The answer to this question formed the subject of a judgment by Mr. Kerr, S.M., yesterday in a. case of importance to farmers. Plaintiff sued for £7O 15s Od, special and general damages, on account of cows advertised as above not fulfilling the alleged specifications, jthereby involving him in loss.

Mr. Armstrong (for plaintiff) contended that the words "due to calve in August and September" amounted to a warrantv or a representation that in* duced, plaintiff to. buy. If it did not amount 'to either of these, then it was | a sale "by description," and, if nottliat, iit was a sale with a condition. In any case, plaintiff paid a larger sum for the cows than he otherwise would if the •"due dates" had not been advertised. I For the defence Mr. Cohen argued that 1 the words used merely expressed the vendor's personal opinion. It it was intended I to guarantee the <Jates that guarantee Vdue flutes'.' imparted a, Cpnjectrtitej. and in sucli cases the judgment of the purchasers was paramount. His Worship upheld Mr. Cohen's contention and non-suited plaintiff, with costs.