TRANSACTION IN SHEEP.

New Zealand Herald, Volume LXIII, Issue 19503, 6 December 1926, Page 14

TRANSACTION IN SHEEP.

QUESTION OF DESCRIPTION. JUDGMENT AGAINST VENDOR. [BY TELEGRAPH.—OWN CORRESPONDENT. J TAIHAPE, Saturday. Reserved judgment in the case in which Kinnell Bros., of Taumarunui, sued Joseph Webb, of Taihape, for £2OO in connection with the sale of 500 sheep, was given by Mr. R. M. Watson, S.M., in the Taihapo Magistrate's Court yesterday. Tho magistrate said ho did not con' sider the sale had been one by sample. The sheep had been quoted on the salenote as four and five-year-old ewes and the sale was therefore one by description. Although plaintiffs examined certain of the sheep and had the opportunity of examining the others, if the sheep wefe not up to description then there was causa for action. Trade custom could not affect the sale, and defendant was bound by the description in the salenote. Evidence had shown that 141 sheep were not according to description, but no evidence as to the quality of the remaining 359 had been brought forward. Judgment was therefore entered for plaintiffs for the difference in the value of the 141 sheep, £59 18s 6d, and for £lO general da,mages. Costs to the extent of £l2 7s wei'e allowed against defendant. Security of appeal was fixed at £ls 15s.