TROUBLE OVER MARE

Waikato Times, Volume 127, Issue 21222, 19 September 1940, Page 5

TROUBLE OVER MARE

CLAIM FOR £lO5 BREEDING OF FOX MOTH JUDGMENT FOR PLAINTIFF (Special to Times) CAMBRIDGE, Wednesday At the Cambridge Magistrate’s Court this morning Mr W. H. Freeman, S.M., gave a reserved decision in the civil claim heard here last month, when Frank Klaus, farmer, of Morrinsville (Mr W. H. Adams, Hamilton), sought to recover from J. P. Thorpe, cafe proprietor, of Hamilton (Mr L. Tompkins), the sum of £lO5, being the amount of a cheque drawn by the defendant to pay for a mare. Fox Moth, owned by Klaus, which cheque was withdrawn. Judgment was given for plaintiff for the full amount with costs and witnesses’ expenses according to scale. The magistrate stated that the mare was discussed at a polo match, where defendant expressed a desire to buy her. He and a friend adjourned to a hotel where a deal was arranged with plaintiff’s agent. There was a conflict of testimony concerning what happened in the hotel. A cheque was given as payment for the mare and later it was considered there had been mis-representation. Any representation concerning the mare had been made by defendant’s friend, said the magistrate, and not by plaintiff’s agent. If there had been any doubt about the breeding of the mare it was on the defendant to prove there had been mis-repre-sentation. This had not been done, and judgment would be given for plaintiff. __