COMICQUITA CASE

Press, Volume C, Issue 29602, 26 August 1961, Page 4

COMICQUITA CASE

Damages Claim Lost (N.Z. Press Assn.—Copyright) MELBOURNE, August 25. The Ararat stock breeder. Mr Samuel Calvert, lost his £4OOO damages claim in the Supreme Court today over the racehorse, Comicquita. He sued Sir Gordon McArthur, a Camperdown grazier and president of the Legislative Council. Sir Gordon McArthur sold the horse as a yearling at auction on March 10, 1959. Mr Calvert, aged 77, claimed he paid £5040 for Comicquita. because he wanted him for stud, but found later he was incapable of being a sire because of a rare physical condition. Mr Calvert could not give evidence because of illness He sought damages on the ground that with the abnormality the horse should not have been described as a “colt” in the sale catalogueSir Gordon McArthur denied that Comicquita had been incorrectly described, and claimed Mr Calvert was not entitled to damages because of the conditions of sale. He had not seen any abnormality. His definition of a colt was a male horse under four years which had not been gelded. Mr Justice Pape ruled that Sir Gordon McArthur had not been responsible for any error of description. Comicquita had been available for unrestricted inspection or veterinary inspection some days before the sale, and had been paraded before buyers. The judge was satisfied Mr Calvert had seen the horse before bidding began. The conditions, read out by the auctioneer, said each lot would be at the risk of the buyer and no warranty was given. Mr Justice Pape entered judgment with costs for Sir Gordon McArthur. Comicquita was foaled on September 13, 1957. His sire. Comic Court, and his dam, Chicquita. ran first and aecond in the 1950 Melbourne