DELL-McQUILTY CASE.

Auckland Star, Volume LIV, Issue 123, 25 May 1923, Page 6

DELL-McQUILTY CASE.

STOCKBREEDERS AIAAHED. JIHXJMENT TO BE TESTED. A matter of considerable interest and importance to breeders was discussed at a special meeting this morning of the Auckland Stockbreeders' Association, at which Mr. E. D. McLennan presided. The chairman stated that the business of the meeting was to consider what action should be taken in the judgment in the Dell-McQuilty case decided at Pukekohe recently. Shortly the facts of the case were that Mr. Dell sold at auction a Jersey bull in poor condition, and without any guarantee. The animal was run with a dairy herd in the season, there being also a Shorthorn bull with the herd, and the calves all showed Shorthorn characteristics. The purchaser made special tests with the Jersey bull which showed that it was a non-breeder, and then over two years after the sale of the bull, claimed against the seller of the bull for damages, and was awarded damages which included, in addition to the cost and feed of the animal, a claim for special damages for presumptive loss in the value of the herd's increase. It was felt that if the judgment was allowed to go unchallenged, on the factß as they appeared to be, it would not be safe for breeders to sell animals of anykind under the existing conditions, as they would be liable to belated claims f.r damages. The position obviously was a serious one for breeders generally. Mr. Dell, he understood, had appealed, and it was a question whether breeders generally 6_ould associate themselves with the appeal. Major Spragg stated that he was disappointed that Mr. Dell, himself a representative of the Auctioneers' Association, and some of the Pukekohe residents were not present at the meeting. He understood Mr. Dell had been asked to attend, and they would like to know the exact facts of the case. But, apart from that, the question was undoubtedly a serious one for breeders, of all kinds, even of tomcats, and also for the auctioneers, and it should be taken up. He felt that application should be made to the Aucki land A. and P. Association to take the matter up, as that body covered all classes of breeders, and to enlist the cooperation of all other A. and P. Associations. ■After some discussion, in which members stated that the case was one in which breeders in all parts of the country had expressed interest, it was decided to ask the A. and P. Association to take the matter up in the interest of breeders to have the soundness of the judgment tested. It was also decided to request Mr. Dell and a representative of the Auctioneers' Association to confer with the A. and P. Association on the subject at an early date. _ *