DEAL IN HORSEFLESH.

Auckland Star, Volume LVII, Issue 208, 2 September 1926, Page 9

DEAL IN HORSEFLESH.

A MILKMAN'S INVESTMENT. I TRAINING OF A FILLY. BREACH OF WARRANTY ALLEGED. "A bay filly, by St. Kevin, out of Rose Elect, half-sister to Rose Bingen, nicely broken into harness and showing great promise." On the strength of the above advertisement, Otto Haver, a milkman, bid 120gs at a sale at Alfred Buckland and Sons' yards on February 9 last, and became the owner of the filly. There was a sequel at "the Magistrate's Court this morning before Mr. McKean, S.M., when Otto .Haver, who was represented by Mr. C. A. Snedden, proceeded against R. Millen (Mr. J. F. W. Dickson) and alleged breach of warranty. Mr. Snedden said that the claim was based on the difference between the price paid for the filly and the price offered at the resale, with, in addition, the cost of feed and damage done to harness and a gate. At the sale at Buckland's plaintiff paid 120gs to get the filly, but after getting her home found that she would not pull a gig out on to the road. Finished Article Wanted. The plaintiff said that he had bred horses, driven them, trained them, and raced them, during the past 15 years. He bought the filly on her breeding, as he wanted a finished article, and when he tried to train her she used to pigjump. Some days she would go, but on other days they had to lead her home. The more hard feed she got the worse she got. Witness got another horse to educate her and they tried the "educator" in the shafts, and then the filly, but it made no difference. Witness met defendant one day and said: "You made an awful mess of breaking her." Witness said he resold the filly for £12 10/. There was a difference of £114 6/6. He reckoned the cost of feed at £2 5/ a week. Mr. Dickson: At the sale the auctioneer told you that she had been out for 18 months? —No, he didn't. You had eeen her on the track? —I never saw her until the day I bought her. I thought that she was "green." You knew her by reputation ?—No; but I knew that she was out of Rose Elect and that she was a half-sister to Rose Bingen. Iβ it not a fact that you gave Glenoc an unmerciful thrashing on the race--1 course? —No. Edward Sydney Groat, trainer, said that he had intended to lease the filly, but he found that she threw herself down. Hβ did not think that she was nicely broken to harness, and he was not going to spend money to educate her. Mr. Dickson: She is a fine-bred horse? Too right she is. As a matter of fact her half-sister was sold for £1000?— Yes; but that ie not everything. Rose Bingen has been a great trotter for a long time. And a famous mare? —Well, a good mare. In reply to a further question witness denied that he had said that on one occasion that he would "get one back" on to Millen if he had to wait for ten years. (Proceeding.)