RACEHORSE DISPUTE

Evening Post, Volume CXXII, Issue 13, 15 July 1936, Page 6

RACEHORSE DISPUTE

QUEEN OF SONG CASE

ALLEGED CONTRACT TO SELL

(By Telegraph— Press Association.) ■■■-■:. j DUNEDIN, July 14. The case \n which Marion Beale, of Green Island,; seeks specific performance of An alleged contract to sell to her the l'acehorse Queen of Song did not conclude .today and will be resumed torporrowv.: /The defendants are Thomas! Edwin Hide, farmer, of Seadown, arid Patrick Thomas Hogan, trainer, Washdyke,. Damages are also sought., ' * ' ' Further cross-examined by Mr. Donnelly, appjearing' for Hogan, John Arthur Beetle, husband of plaintiff, was asked how! he described the condition of the mare when he first rang up Hide. ■ "V .. ■-■•".■■>■ .. Witness: I said "she was very sore and that'll .did not;feel inclined to go on withlier as it} -ittight.ruin her. , , "Whatidid you rtiean. when you said you did hot feel inclined-to go on with her?"—"l was afraid Insight ruin her." "Did you.in February tell Hide that you could not.afford to buy the mare?" —"I did not." , : Plaintiff, Marion Beale, said that she owned ,a ones-third interest in the Green: Island (Hotel, of which she was lessee. She first became interested in Queen of Song when she and her husband leased the' mare- from Mr. Smith, and at 'that time a man named Hunter was also' interested in the lease. Witness went on to corroborate her husband's evidence- regarding the return of the mare from the Cromwell races and the reasgn for sending the mare to Seadown. .' The witness detailed a discussion she had had with her husband with regard to exercising her option to purchase the mare and identified a telegram dispatched to Hide informing him that she intended to do this as one sent by her on.'August 1 and a cheque for £150 in. favour of Hide as one she had signed on July 31. Leslie Gerald Hill, secretary of the rfemedin Jockey Club, said that he was fully acquainted with the procedure in the case of the transfer or lease of a'racehorse. The witness produced a list of Queen of Song's performances and expressed the opinion that in view of these anyone prepared to spend money would be prepared to give £1000 for her. He had prepared the necessary documents as between Hide and Mrs. Beale. He was under the im.pression that Mrs. Beale had signed these in his presence and he had forKvarded them to Hide for his signature. Beale had rung him up on the evening of July 30, telling him that he had that night posted a cheque for £150 and requested him to take the necessary steps with regard to the purchase. On the following morning Beale called on him and witness thereupon wrote to Hide. Following av reply from Hide, Beale again came to see witness and talked of going to a solicitor. Witness, however, explained that Hide's refusal to sign the transfer was probably due to his being under a misapprehension that the lease was up on July 31 instead of on August 1, and suggested that he should again communicate with Hide. Beale agreed, but when the reply was- received from Hide he said he was going to. the Grand National Meeting and would go into the matter when he came back.