AT AN AUCTION

Evening Post, Volume LXXXIX, Issue 105, 5 May 1915, Page 8

AT AN AUCTION

■ SALE OF A HORSE, Before Hie Honour Mr. Justice Edwards, in the Supreme Court to-day, an appeal was heard against tho decision of Mr. F. O. B. LouKhnan, S.M., sitting at Blenheim. The appellant was David Boyd, of Kaikoura, plaintiff in the Court below, the respondents Dalgety and Co., defendants in the original action. From the Magistrate a statement of the case it appeared_ that, in August, 1909, plaintiff commissioned defendants to sell at auction a draught stallion named "Champion." The horse was bid for at "£4O, but the purchaser subsequently refused to take delivery, claiming that "Champion" was not an entire horse. Boyd therefore olaimed £40 damages from the auctioneers. The Magistrate nonsuited plaintiff, on the ground that he had failed to prove his allegation that defendants had negligently delivered the horse without receiving the purchase money. Mr. A. Rogers, of Blenheim, appeared for the appellant, and Mr. A. W. Blair for the respondents. The appeal was dismissed with costs £7 7s.