Claim Over a Horse In Magistrate’s Court

Manawatu Times, Volume LIV, Issue 7242, 23 August 1933, Page 12

Claim Over a Horse In Magistrate’s Court

PLAINTIFF NON-SUITED BY BENCH. Claiming that an aged gelding, purchased at an auction salo as a horse broken to all farm work, had been tested and found useless for the purpose, C. V. Blaramberg, farmer, of Levin, took action in the Palmerston North Magistrate's Court yesterday, before Mr. J. L. Stout, S.M., seeking to recover £29 10s from M. Rowland, horse-dealer, of Feilding. Plaintiff, who was represented by Mr. Gordon, claimed £l9 ,10s, tho purchase price of the horse, together with £5 for grazing, and £5 general damages. Mr. Ongley appeared for defendant. Cecil Victor Blaramberg said that ho uad purchased the horse at tho Levin ale during August of last year, the uiimal being described as one broken .0 all classes of farm work. The price rad been £l9 10s but, when tried out on tho second day, it had proved a failure. Plaintiff then detailed how tho horse had been tested, first on its own and then in company with another. Plaintiff explained that at tho time of purchase he had not known that the horse belonged to defendant but subsequently had written to Rowland, receiving no reply. Plaintiff said that ho had then taken the matter up with the auctioneers although they had pointed out that the horse had been put up foi sale without reserve and without any conditions as to its capabilities. Other correspondence between the company and the previous owner had elicited no reply. On September 19, 1932, plaintiff had offered to hand back the horse to defendant, provided the purchaso price was refunded, but Rowland bad not agreed. Plaintiff felt that the horse was an aged one and had only been partially broken in. It had been gelded and appeared to have only been recently shod. To Mr. Ongley plaintiff said that he had 40 years experience with horses and had bought other animals at sales. There had been no guarantee given at tho sale. John Morgan, a Levin farmer, who endeavoured to buy the horse at the sale, declared that it was described as broken to farm work. Witness had not seen tho horse since. Albert Mudgeway tondered corroborative evidenco regarding the tests made. David Kernohan also told of tests he made with tho horse. H. V. J. Reeves, of Abraham and Williams, gave the conditions of sale, which showed that the horse’s work had been described as "all work, off city streets.*’ Counsel for defendant pointed out that the sale had not been one of warranty and under such conditions of sale plaintiff should be non-suited. Any guarantee required for the horse should have been received from the owner in writing, he contended. The Magistrate agreed with this opinion and non-suited plaintiff, with costs £3 3s.