SALE OF A TROTTER.

Otago Daily Times, Issue 19616, 21 October 1925, Page 8

SALE OF A TROTTER.

FALSE WARRANTY ALLEGED. (Per Unithd Press Associatiow.) CHRISTOHURCH, October 20. The value of a trotting horse, which was bought for £SOO as a good performer and sold as a gig horse for £9 10s at auction, was called into question in the Supreme Court to-day before Mr Justice Maogregor, when Martin Moir claimed £475 as damages from Albert Frederick Smith over the sale of a horse. Mr A. T. Donnelly (with him Mr M. J. Burns) appeared for" the plaintiff, and Mr F. W. Johnston (with him Mr B. W. White) appeared for defendant. The statement of claim set out that in December, 1922, defendant offered to plaintiff a five-year-old gelding, Soldier's Vote. Defendant warranted or represented that the gelding could do a mile in 2min 18seo end two miles in tain 38sec;,also that defendant's trainer and agent, R. W. Franks, warranted that the gelding could do one mile in 2min 18seo and two miles in tain 40soo. Plaintiff was therebv indnced to purchase the geTding for £SOO. Plaintiff held that the gelding could not do the distances in the times stated, and that the horse was valueless as a racehorse, and for anv other prirpose was not worth more than £25. Plaintiff therefore claimed £475 as damages. The defence was a denial that warranty was .made to • the plaintiff; that Franks was i'm trainer or agent, or that he made any warranty or representation. Defendant denied that plaintiff was induced to purchase the gelding by any warranty or representation. For a further defence defendant said that if any representation were made, then it was made in good faith and after proper inquiry. He contended, too, that the plaintiff purchased the horse upon his own judgment and' after due examination. Defendant denied that the gelding could not do the distances in the times named: One mile in 2min 18sec, or two miles in 4min 36sec. After the hearing of evidence judgment was given for the defendant.