BREACH OF WARRANTY.

Taranaki Daily News, 9 August 1921, Page 7

BREACH OF WARRANTY.

THE SALE OF A HORSE. A breach of warranty in connection with the sale of a horse was alleged in the New Plymouth Magistrate’s Court yesterday, when A. Goldwater claimed the sum of £2l 13s 6d damages from Thomas Mack. Mr. R. H. Quiiliam appeared for plaintiff, and Mr. H. R. Billing represented defendant. Counsel stated that about the beginning of March last, Goldwater negotiated with Mack for the purchase of a horse to be used in plaintiff’s delivery express. Mack was asked if the horse was thoroughly sound and reliable, and replied that it was. On this assurance, which, it was contended, amounted to a warranty, the deal was closed. However, the horse turned out to be a “jibber,” and of absolutely no use in trap harness. After notifying Mack, Goldwater subsequently sold the horse at public auction, and it was bought by Mack for £6.

It was contended that Mack knew the horse was unsound; he was asked to give a trial, but declined, and it was also alleged that defendant had previously sold the horse to a carrier, and it was returned as being unsound and unreliable. Mr. Billing said the case for the defence was that there was no warranty, expressed or implied. Defendant contended that the horse was still sound. There was a difference between soundness and reliability, and the only damages that could be claimed was the difference between the value of the horse as it was, in a sound condition, and its value had it been reliable. There could be no implied warranty under the Sale of Goods Act; the warranty must arise out of the actual transaction.

His Worship held that defendant had warranted the horse to be sound and reliable. He had to come to the conclusion that the horse was sold without a trial on account of defendant’s previous knowledge of some peculiarity in the horse. A warranty had been given and not fulfilled. Judgment was entered for plaintiff for £l5, with costs £4