SUPREME COURT Case against stud master fails

Press, Volume CXV, Issue 33816, 12 April 1975, Page 17

SUPREME COURT Case against stud master fails

Judgment was given for, t—t defendant, John Duncan) kitten, a stud master of West’ Melton, in a decision given l by Mr Justice Roper in the 5 Supreme Court yesterday in! a claim against Mr Litten 1 for $4900 by Brvce Duncan Williamson, a clothing retailer. I) Mr Williamson claimed the ■ damages for an alleged ; breach of contract over the ! servicing of his mare. Bettv h Hanover. He alleged that he-, had delivered the mare to l J Mr Litton to be serviced by I, the stallion Fallacy in Sep- . tember, 1971, but the mare! was later handed over to Mr j kitten’s son-in-law. Robin ♦ David Butt and was serviced I, by Nevele Holiday, a stal-i lion inferior to Fallacy. Mr J. F. Burn appearedi £ for Mr Williamson and Mr r I. J. D. Hall for Mr Litten who denied liability. The:, case began on Thursday. ‘ Mr Williamson claimed 1 that a filly by Fallacy out of I' Betty Hanover would have! an estimated value of $5OOO, ) , but one by Nevele Holiday! would be worth only $100? His Honour referred to that 5

ms nuuuui ivierreu to mat as a vastly inflated claim. In his statement of defence‘ Mr Litten said that if BettyHanover was served by a stallion other than Fallacy) then it was done with the consent or authority! l of Mr Williamson. After!, Betty Hanover was de-1 lieverd to his stud she gave birth to a deformed filly by Local Light. Betty! Hanover was then returned to Mr Butt’s premises at [ Greenpark where Local) - Light had been. !j By way of compensation I j for Mr Williamson’s mis-), fortune in getting a de-1, formed foal, and with his!■ knowledge and authority, |, the mare was served by | < Nevele Holiday, a sire 1 belonging to Mr Butt, which L was standing in replacement 11 of Local Light. There was a complete con-11 flict between the evidence of ) c the plaintiff and that of thee defendant, said his Honour. 5 1 Mr Williamson had claimed) t that he told Mr Litten that) c Bettv Hanover was to be c serviced only by Fallacy and’t

.under no circumstances was the mare to be removed .from his stud. If those instructions were given then (it was quite wrong of Mr (Litten to release the mare I to Mr Butt. , Mr Litten flatly denied than any such instructions were given and he said that v.nen the mare was removed to Mr Butt’s stud it was not challenged by Mr Williar son. nor was there any heated exchange between them. Mr Butt gave evidence that he had got authority from Mr R. A. Smith, of Timaru, to take possession of the mare, and th arrangement was confirmed with Mr Williamson. According to Mr Butt’s evidentno demand was made by Mr Williamson for the return of the mare, which was on his property for some months. Mr Hall

s had submitted that Mr Wil-, d liamson, by his conduct and! words, had demonstrated [ 1 his ■ satisfaction with that r arrangement. 8 “Credibility is the key to! this case, and having seen; 1 and heard the witnesses I; s have no hesitation in ac-l tlcepting the evidence of Mr! Litten and that of Mr Butt! t’in preference to that of Mr! riWilliamsonn and his wit-; 2 messes,’ said his Honour.) -[“Both Mr Litten and Mr; j - Butt impressed me as truth-; t ful witnesses. .1 .“Acting as he did. Mr 11Litten lost a service fee of! l!$400 and Mr Butt arrangned; -|a return service at no fee.: .pt would be incredible if Mr .ißutt had insisted on the re-, jlmoval of Betty Hanover to! • )his stud if it was contrary ( Ito Mr Williamson’s wishes,! lias M<- Butt knew that the), [-final decision rested with Mr-, i Williamson,” his Honour); said. It had been submitted by? Mr Hail that the original j j contract between Mr Wil-1 liamson and Mr Littenn had! i been abandoned and an I *

,: agreement for a return seryvice by Nevele Holiday had -Ibeen substituted. He was ■ I satisfied that that was the i lease, and accordingly Mr Williamson’s case failed. ■ It might be of some con- • (solation to Mr Williamson ‘[that had he been called on ■ ■lto consider the question of; ;! damages the figure would not ; have been measured in thou-! • sands of dollars but hundreds, said his Honour. .! Costs were awarded to Mr Litten.