Damages Claim When Bull Proved Sterile

Manawatu Times, Volume 70, Issue 281, 28 November 1945, Page 2

Damages Claim When Bull Proved Sterile

HAAIILTON, Nov. 24. A claim for damages for alleged breach of warranty arising from the sale and purchase of a bull was made by Frank Henry Sorenson, farmer, Tau- ! ranga (Air. K. Lusk) before Air. [Paterson, S.AI. Defendant was Russell [David Kerr, farmer, of Onewhero (Mr. | N. S. Johnson). Evidence presented by Air. Lusk showed the bull was purchased at the National Jersey Sale at Hamilton .in September, 1944, the price being £ll2’ j 17s 6d. It was claimed the entry in the catalogue constituted a warranty by the owner of fertility and capacity. jThe bull was sterile and valueless for , breeding purposes. Defendant had j caused a deposit of £SO, paid to his agents by plaintiff, to be refunded, and had abandoned his claim for the payment of the purchase price. Thomas Arnold Blake, veterinarian, E.uakura, said he had examined the bull and found it a freak. It was unlikely to prove fertile. Defendant submitted that as the purchaser had repudiated the agreement and had been paid and accepted the purchase price, the transaction had ended, and no claim for damages lay. The magistrate said Johnson would have to produce good authority before he would subscribe to this view. in his opinion there had been a breach ot contract or warranty, and plaintiff was entitled to receive damages. They should be moderate, for there was no question of bad faith. The magistrate allowed £lO damages for loss of production, £2O for loss in value of progeny, and £5 general damages.