SALE OF A HORSE

Evening Star, Issue 22413, 10 August 1936, Page 11

SALE OF A HORSE

MAGISTRATE'S COURT PROCEEDINGS • In the Magistrate’s Court this morning Alexander Porterfield proceeded against Edward Thomas Ashton, claiming £lB as the purchase price of a horse, or, alternatively, £lO as hire. In a previous action between the same parties the plaintiff was non-suited. Mr L. C. Robertson appeared for the plaintiff and Mr C. A. Hairier for the defendant. Mr Robertson said that the case was the second action between the parties, the first having been decided in favour of the defendant on a non-suit. The witness Duckworth . was referred .to in the first case as the plaintiff’s “ king pin,” but his evidence had been taken on commission at Omakau. In ih* last hearing the defendant made various, statements discrediting Duckworth, and in his absence these could not be rebutted except by a crossexamination. The defendant also alleged that the plaintiff’s account of the transaction was false in certain material particulars. It was, in fact, alleged that everyone was giving false evidence, except the defendant himself. The plaintiff did not take kindly to the allegations, but it was to a large extent in fairness to Duckworth that the second action was brought. He had come from Omakau to give evidence, and the court could judge for itself as to his'credibility. Counsel said that the chain of events, substantiated by the evidence that would be called for the plaintiff, admitted of no other inference than that there was a sale of the horse for £lB. The alternative claim for hire was made as a result of His Worship’s remarks when giving judgment in the first action (and the transaction was not. a gratuitous one) that the parties should endeavour _to arrive at a settlement on a hiring lease. The sum of ,£4 10s had been paid into court by the defendant, but .had not proved acceptable. If the court still rejected the plaintiff’s contention that there was a sale he submitted that £4 10s was not a reasonable hiring fee for a horse for the time the mare was in the possession of the defendant.

Evidence for the plaintiff was given by Charles William Carver, Alexander Porterfield, John Anderton Kirkwood, John Dick, and Robert Francis Duckworth.

Opening the case for the defence Mr Hamer said it was clear at the outset that the only agreement was that the horse was to be returned if it proved to be in foal, and Ashton was to have the first opportunity of buying. The only ampunt on which there was any agreement was the £4 10s. Evidence for the defence was given by the defendant, after which the court adjourned till this afternoon.