DEAL IN DUCKS

New Zealand Herald, Volume LXXV, Issue 23124, 24 August 1938, Page 16

DEAL IN DUCKS

COURT ACTION FOLLOWS

JUDGMENT FOR PLAINTIFF COMMENT I BY MAGISTRATE "I think the evidence proves that plaintiff was 'taken down' by d.'fendant," said Mr. C. R. Orr Walker, S.M., when giving judgment after an action for damages regarding the sale of a number of ducks, the breeding of which was allegedly misrepresented, had been concluded in the Magistrate's Court yesterday afternoon.

A Glen Eden poultry fanner, Snrfth Ann .Hughes, widow (Mr. Dryce Hart), proceeded against George Webb, dealer (Mr. Winter), to recover £l2 10s as a refund of payment lor oO birds, £l.O as general damages, ami £4 10s lor expenses. Plaintiff alleged that the birds contained wild duck strain, were not pedigree birds as represented, and that, although bought as ducks, three were drakes. Evidence for plaintiff was heard oil July 5, when the hearing was adjourned sine die. Giving evidence yesterday, defendant said ho was neither a poultry dealer nor an expert in the breeding of birds. When plaintiff bought the birds, 31 were sold as Khaki Campbell and 19 as cross-bred Indian Runner ducky. He denied that she had told him she wanted the ducks for breeding purposes and stated that when the birds were handed over there were no drakes among them. The ducks were not sold as pedigree birds and he had agreed to the transaction at the insistence of plaintiff's son. Defendant said he could have sold the birds 50 times over, but accepted plaintiff as a purchaser because she had paid a deposit on the birds. An offer he had made to take the drakes back for subsequent sale on plaintiff's behalf had not been accepted.

Stating that ho accepted plaintiff's version of the arrangement and representations, the magistrate said he was satisfied she had told defendant she wanted the ducks for breeding. Damages amounting to £lO 2s and costs totalling £6 3s (3d were awarded to plaintiff.