MAGISTRATE’S COURT.

Timaru Herald, Volume XCVIII, 14 May 1925, Page 5

MAGISTRATE’S COURT.

TIMARU, MAY 13,

(Before Mr. E. D. Mosley, S.M.)

CLAIM FOR COMPENSATION. W. G. Esler took action against T. E. Hide to recover £26 Is 7d, being loss of re-sale of m,aro purchased from defendant.

Mr W. D. Campbell appeared for plaintiff, and Mr C. W. Webber for defendant.

Defendant sold the mare to plaintiff, and in making the sale gave a guarantee of soundness. After the deal was made plaintiff found that the mare was suffering from a disability, which lie contended would detract from the mare’s v,alue for breeding purposes. He had re-sold the horse, losing considerablv.

Mr Campbell claimed that the warranty of soundness implied soundness for all purposes, and not only for ordinary work. He called evidence to show the disabilities from which the horse had not affected its actual working powers, but would prevent successful breeding. Counsel for defence said that not every purchaser of a horse wanted the animal for breeding purposes. The warranty, he took it, meant sound from a working viewpoint. His Worship held that the warranty of soundness implied soundness for all purposes. Many farmers used their horses for breeding, and therefore, a horse sold under a guarantee of soundness, meant general soundness. Judgment was given for the amount claimed, with costs.