Court Case Over Sale of a Horse

Manawatu Times, Volume 60, Issue 133, 8 June 1935, Page 2

Court Case Over Sale of a Horse

PLAINTIFF IS NON-SUITED. A civil case was concluded iu the Magistrate’s Court at Palmerston North yesterday when, before Air. J. L. Stout, S.M., P. Krainmer, a Bunnythorpe., farmer, proceeded against 11. Christensen, described as a horse-dealer, of Alakerua, over the sale of a horse. Plaintiff declared that on April l.last he had purchased a horse from defendant for £3O. On the treaty for the sale of tho horse plaintiff had made known to defendant the particular purpose for which it was required. The animal did not comply with the warranties in that it was not quiet, was not a reliable worker and was greater than eight years of age, he alleged in the statement oi claim.

Defendant had refused to remove the horse from plaintiff’s property and it had grazed there from April 0 to the present time. Plaintiff claimed that lie was entitled to repudiate the contract for purchaso and to recover the £3O or, alternatively, to recover £3O from defendant for breach of warranty and also grazing at the rate of 2s 6d daily'. Mr. L. G. IT. Sinclair appeared for plaintiff and Air. W. L. Fitzhcrbcrt for defendant.

After evidence liad been given for plaintiff (several days ago) the case was continued yesterday. Counsel for defendant, at the outset, moved for a non-suit on the grounds that warranty had not been proved. The Magistrate said that ho was satisfied that the expressed warranty had not been proved and a non-suit would be granted. Costs, totalling .£6 Gs, were allowed defendant.