QUESTION OF GUARANTEE.

New Zealand Herald, Volume LVII, Issue 17650, 10 December 1920, Page 3

QUESTION OF GUARANTEE.

DISPUTE OVER SALE OF COW.

A caso of considerable interest to farmers and owners of cattle was heard by Mr. E. C. Cutten, S.M., in the Magistrate's Court yesterday, when James Dunning-(Mr. Johnstone), retired farmer, sought to recover from Edward G. Sandall (Mr. Towle) £49 7s for an alleged • breach of warranty given on the sale of a pedigree Jersey cow. Counsel for plaintiff stated that in consequence of an advertisement plaintiff attended a stock sale at Westfield last May, and purchased for £49 7s a certain registered (Jersey cow * ' offered for sale on behalf of defendant. It was contended .that the cow was guaranteed sound by the defendant and the auctioneer, and further that it was stated to be in calf to a registered Jersey bull. The cow was in calf. A few days 1 after the sale it died. The calf was dead. The cow wis suffering from contagious - abortion. It was contended by plaintiff that there had been a breach of warranty. For the defence it was contended that the cow had been sold subject to the usual conditions of stock sales, under which any guarantee, to be binding, must be in writing, and in this case no such guarantee had been given. Further, the cow was stated to be soundmeaning " "• sound in the quarters — not sound in all respects. After hearing lengthy evidence, the magistrate gave judgment for defendant, - The conditions of sale made it clear that no such general guarantee as claimed bv plaintiff was ever-.given, and any such guarantee must be in writing. J •