SALE OF RACEHORSE

Gisborne Herald, Volume LXXI, Issue 21549, 31 October 1944, Page 4

SALE OF RACEHORSE

REPUDIATION SOUGHT SUPREME COURT ACTION (P.A.) PALMERSTON N„ Oct. 31. A case of considerable interest in racing circles Was opened in. the Supreme Court yesterday. The plain,l tiff is Stanley Edward Chatterton, I merchant, of Sydney,, , New South Wales, and the defendant William Jonathan Crawford, printer, Palmerston North.

Crawford advertised the thoroughbred colt Rajputana for sale in the Sydney Sun, and Chatterton decided to, buy at lOOOgns. subject to a veterinary examination. Crawford forwarded a certificate, which, according to the statement of claim, was worded as follows: “At the time of the examination I found the colt, in mv opinion, sound.” In due course the colt arrived at Sydney and Chatterton alleges that He discovered the oil foreleg deformed and the animal otherwise varied from the advertised description in that it had not beautiful action but on the contrary had ungainly, dangerous action whit.i greatly ' hampered its speed. The motive power was not the ideal Derby type, and the colt never could have an excellent racing career ahead of him. The defence is a general denial o, the allegations and that any warranty was at any time given.

Chatterton seeics repudiation of the purchase and the refund of his money, plus amounts expended on freight, feed and keep, and interest at 5 Her cent. The case is expected to last three days. ...