IMPORTANT SHEEP CASE.

Otago Daily Times, Issue 19182, 27 May 1924, Page 8

IMPORTANT SHEEP CASE.

MAGISTRATE DEFINES A FOUR. TOOTH. After considering a, mass of evidence from experts and prominent Marlbourough, and Nelson sheepbreedere, Mr T. E. Maunsell, S.M. last Thursday delivered his reserved judgment in the case which Clouston and Pyne. auctioneers, of Blenheim, sought to recover from Hugh Berrman, of Kchatm, Nelson, the sum of £6B 17s, alleged to be the balance due on a line of four-tooth merino ewes, in which the defendant counter-claimed for £3l 13s on the ground of breach of warranty. The case (says the Cliristchurch Press) involved the difficult problem of defining a I'cur-tooth. The magistrate said: "It is admitted that, the ewes were sold as four-tooth maiden ewes. The defendant alleged that 31 of the ewes out of the 131 were not four-tooth, and the question of fact for decision is when a four-tooth ewe becomes a six-tooth eye. Expert evidence has been called by both sides, and there there is much conflict. "The evidence for the defence is that a four-tooth ewe ceases to be a fourtooth as soon as the fifth tooth or the fifth and sixth teeth appear through the gums. It is established that with regard to a number of the ewes, their mouths were in this condition, while with others the. fifth and sixth teeth were partly developed. As regards five at least, they had the six fully developed teeth, and the seventh and eighth about to appear. I find upon the weight of evidence that the definition of the defendant is incorrect. The witnesses for plaintiff are men of very wide experience. It is true they disagree with each other to some extent. But they are unanimous in their opinion that a ewe 2i years old is still & four-tooth ewe, although the fifth and sixth teeth have appeared. It is a matter of common knowledge that when sheep are sold by the tooth, it is the age of the animal which is in contemplation. About the time these sheep were sold (towards the end of February) the fifth and sixth teeth are liable to appear in a certain percentage of four-tooths, depending, among other factors, as to whether the ewe was an early or a late lamb. Accordingly, even if they are not literally within the letter of the discretion, such ewes are within the spirit ot tho description. The preponderance of opinion Of the plaintiff's witnesses is that a fourtooth' ewe means a ewe between two and three years old. I am not prepared to adopt such a definition. If the dental condition of the sheep is to be disregarded, then purchasers will be entirely at the mercy of the vendor's honesty. The only safeguard he can have against dishonesty is the guidance of the animal's dental condition. I have accordingly to settle the matter as follows —a ewe is correctly defined as a four-tooth until the fifth and sixth teeth reach maturity. Between the time the ewes become three years old they cease to be four-tooth, and should be described as being six-tooth. That would put the buyer upon inquiry into the date of the birth of the sheep, and he would bargain with his eyes open. Upon this definition it follows that a few of the ewes were incorrectly described as four-tooths, although not nearly the number alleged by defendant." His Worship dealt at length with the somewhat difficult question of law which arose in connection with whether the defendant's remedy was against the auctineers or the vendors. The judgment went fully into the authorities quoted by counsel in the course of argument, the Magistrate remarking "the point does not appear to have been considered in New Zealand, and there is a dearth of authorities in Engf* lang." Judgment w.as entered for Clouston and Pyne on both claim and counter-claim. Costs totalling £2l 17s were allowed.