TOWNSEND v. CLEPHANE.

Temuka Leader, Issue 1505, 13 May 1886, Page 2

TOWNSEND v. CLEPHANE.

TO THE EDITOR. Sib, —I observe in your issue of to-day au account of a case tried before the R.M. Court at Geraldine yesterday—Townssnd v. Clephane, claim £ls for a horse. 1 am the man who bad the mare for three months’ trial, and am astonished that the Bench could have given a decision against Mr Townsend. 1 know all the circumstances, and I can certify to the truth of Mr Townsend’s evidence as to bis bargain with me. At the end of November last Mr Townsend offered me his mare, for which I had a fancy. He offered her for £l3, with three months’ trial. I said 1 would consider it and let him know. A week or so afterwards 1 wrote to him so*

cepting his offer, and in due course Mr Townsend came down with the mare. He then told me that ho had arranged for the serried of the mare by the horse Robbie Burns, and he asked me if 1 would be willing to pay the service fee of £2 15s in addition to . the £l3. I agreed to do so, so if I had taken the mare I would hare had to pay £ls 15s to Mr Townsend at the end of February—that is 15s more than Mr Clephtne was to pay. Meantime the mare was duly served, and I paid the fee of £2 15s to Mr Michael Maze, the owner of the horse, as lat that time fully in* , tended to buy the mare, and, of course, it was all the same whether 1 paid the fee directly to Mr Maze, or indirectly te him through Mr Townsend. I had ne fault : to find with Mr Townsend's mere. I , used her and found her to be in way as he represented her, bat, haring 1 receired offers of the loan of horaaa from several kind friends, I found it to my ad* vantage to accept those offers, and to ■ return Mr Townsend's mare without fault. 1 consider when 1 returned the mare she was worth more money than when I got her, as 1 received her lean and sent her homo fat. I very much regret that I was not called as a witness in the case, as I believe if tbs tacts had been fully repre* seated to the Bench the decision would have been otherwise.—l am, etc., G. A. R. Mackat. Temuka, May 11th, 1886.