A SHEEP TRANSACTION.

Otago Witness, Issue 3315, 26 September 1917, Page 13

A SHEEP TRANSACTION.

A case of interest to farmers was heard at the sitting of the Balcluth'a Magistrate's Court on Wednesday, when William Simpson (farmer, of Gore) claimed from William Robinson (farmer, of Lovell's Flat) the sum of £46 16s 3d for the following reasons set out in claim:—(l) That plaintiff on or about September 19, 1916, purchased from the defendant 200 sound-mouthed ewes, tho pick of 310, at 31s 3d per head ; (2) that as a condition precedent to the said sale the defendant and his agent represented that all of the said ewes were in lamb; (3) that this representation was wrong in point of fact, inasmuch as 64 of the said ewes were not in lamb, and that of the 200 sheep delivered 22 wero broken-mouthed ewes and five were wethers. The plaintiff therefore claimed from defendant the sum of £46 16s 3d as damages. This was made up as follows: —Twenty-two broken-mouthed ewes at a depreciation of 10s per head, £11; five wethers at a depreciation of lis 3d per head, £2 16s 3d; 64 dry ewes at a depreciation of 15s per head, £4B; credit 10 per cent, allowance on total iine (20 at 15s per head), £ls; balance, £46 16s 3d.

The evidence disclosed that plaintiff, whilo in Milton, met Mr Duncan, agent for Messrs Wright, Stephenson, and Co., and asked him if he had any open-woolled ewes for sale. Duucan said_ he had a line of young ewes, four and six tooth. They went to inspect the sheep at Mr Robinson's place, but the latter was not at home. -' He saw some sheep, and in reply to his inquiry was informed by Mr Duncan that 100 were four and six tooth, and 100 were two and sound-mouth ewes. Plaintiff declared he distinctly asked when they would lamb, and was informed about October 1. Plaintiff asked to bo allowed his pick of 200 at 31s, but Duncan could not accept. They met Mr Robinson subsequently at the railway station, and plaintiff agreed to give 31s 3d for 200 sound-mouth ewes. A sale-note was prepared and signed, but no mention was made in it about lambs. The sheep wero subsequently drafted by Mr Duncan, who was at liberty to choose any sheep he liked. The fiist complaint was received three months later to the effect that there were failing-mouth ewes and wethers among the lot. Defendant refused to make any allowance, as the sheep had been drafted by Mr Duncan; but when Mr Duncan suggested that the case should not go to court, he had agreed to pay £7. He had not gtiaranteed the ewes. The Magistrate, in giving his judgment;, said that the sale was for the purchase oT 200 sound-mouth ewes out of a lot of 310. There was nothing said about "ewes in lamb." Defendant admitted that these wero "ewes in lamb." There was no guarantee on the part of the vendor that these ewes would lamb. It would be a very foolish thing on the part of any vendor to give a guarantee that ewes would lamb. The question arose as to how far Duncan could act on the part of plaintiff. The evidence of Duncan showed that the sheep had been seen by Simpson, and he had the opportunity of examining them. "Ho did not think, apart from any offer that had been made, that plaintiff had any claim on the defendant. Certain admissions wero made by defendant that made him liable to some extent. These were the payments into court and the offer of £7 to Wright, Stephenson, and Co. Ho therefore would give judgment for plaintiff for £7, less £1 18s_ 2d paid into court, without costs." The judgment would not have been made if the offer of defendant, had never been made.

fUNTKRRURY HORSE IMRADK The annual horse parade, under the auspices of the Canterbury A. and P. Association, was held at tho Addington Show Grounds on the 20th inst. in fine weather. The attendance was good, though slightly loss than last year. The majority of the horses paraded were shown in good condition. The entry consisted of 20 draughts, three thoroughbreds, three trotters, a carriage horse, and a pony, as compared with 34 last year. Of the 28, 25 paraded, the three defections being in tho draught classes. Last year 32 horses paraded. Tho feature of this year's display was the rather sweeping- victory for Buchlyvie's Favourite, a fine stamp of a Clydesdale shown by Donald's Estate, Feathereton. Buchlyvie's Favourite won in his class, and also took the Grigg Challenge Cup for the best horse on the ground. Black Douglas, who won the cup last year, only_ managed to get a "highly commended" ticket, being the last of the placed horses in his class. The judging of draught horses was carried out by Messrs John Dollar and Angus Maodonald, Mr H. Lunn judging the thoroughbreds. The Awards. Tho following were the awards:— Class I.—Draught stallion foaled prior to June, 1914 j prizes § £lO, £5, and £2 (7) : Buchlyvie's Favourite 1, Scotland's Stamp 2 ; Lord Kitchener 3, Windermere R-angitira vho, Black Douglas ho. Royal Dalrrmir and Royal Acme also competed. Class IT. —Draught stallion, foaled 1 since Juno 1914; prizes £5. £3, and £1 (4) i Laird Buchlyvie 1, Warspite Douglas 2, Mjddlerigg Royal Douglas 3, Bold Orphan vho.

Class 111. —Draught colt, foaled since

June 30, 1915; prizes £3 and £2 (2): Bold Record 1, colt by Lonsdale Again 2. Class IV.—Canterbury Jockey Club's £lO for best thoroughbred stallion at the disposal of mares in Canterbury district (3): Clarenveux 1, Masterpiiece v hc. The Grigg Challenge Cup for best stallion on the ground (won in 1913 and 1915 by J. Patrick's Baron Bold, and in 1916 by J. Boag's Black Douglas) was won by Buchlyvie's Favourite. An auctipn sale was held at the conclusion of the parade; but all tho six draught horses offered were passed in.

CANTERBURY MARKETS.

GRAIN AND PRODUCE REPORTS.

(Lyttelton Times, September 22)

There is very little to report concerning the local grain and produce market. One or two small lines of wheat havo been purchased from farmers* during tfl© week. Uats are not coming forward so freely, and recent rates are still maintained. Chaff is stdl in lair demand, and there is sufficient coming forward to fill- orders. There is no alteration in prices to report. r lho potato market has declined and the best price offering is 55s a ton, on trucks, country stations. Even at tins price merchants are not keen buyers, being content to obtain just enough to cover orders, winch are small and none too pleutuuk Farmers who accepted £4 to £5 off the forks have had the advantage over their confreres who held for better prices this season. The next iew weeks must give an indication, of the quantities of potatoes in pits on the farms, for a continuance of warm weather will cause serious shrinkage and deterioration in quality, which may force growers to make the best of trie market conditions ruling at the time. At present there is a natural disinclination to accept current prices, which represent a loss to the produce*' The prices given below are for purchases from farmers? net casn, sacks extra, delivered at country stations. In the case of wheat the maximum prices are fixed by the Board of Trade on an f.o.b. basis. Tho quotations are as follow: —Wheat—Pearl, 5s lid f.o.b. Lyttelton; Hunters, 5s lOd f.o.b. Lyttolton; Tuscan, 5s 9d f.o.b. Lyttelton. Oats —Gartons, 3s 8d to 4s; Algerians, 3s 6d to 3s 8d; Duns, 3s 6d to 3s Bd. Barley—Malting, 4s 6d to 5s 3d } Peas —Partridge, 6s. Bran, £3 10s; pollard, £6 15s; oatmeal, £22; flour, £ls; chaff, £4 to £4 10s; potatoes, £2 15sj ryegrass seed, 3s 6d to 4s 9d; cocksfoot, 9d to 10id; white clover dressed), 2s Id to 2s 2d; cow-grass, Is to Is 3d. The following are the prices paid by grocers and merchants: —Dairy factory cheese, 10£d; butter —local factory (Ist grade), Is &id and Is s|d; farm separator pate, Is 2d; dairy pats, Is Id; dairy, bulk, lid. Hams, Is 3d; sides, Is 2d; roll hams, Is sd; lard, pats, 10£d, eggs, Is to Is Id. TIMARU PRODUCE MARKET. (Christchurch Pres 3, September 22). Tho cereal year has just about closed, and there is nothing to report regarding wheat, save a total absence of offerings. Those millers who are in immediate nocd of supplies havo given up hope, of scouring wheat locally, and are anxiously awaiting the arrival of the shipment on account of tho Government from Australia. The end of the present month will see the completion of the sowing of spring wheat. A keen demand exists for fowl wheat, which is so scarce that it seems inevitable that somo substitute for it will have to be found by poultry-keepers before very long. The oat market remains steady. The demand for seed has not been very heavy; it will last for a short time yet. All good quality oatsheaf chaff ia in strong demand, and the price has hardened during tho week. Prime heavy lines aro worth £5 per ton, on trucks, country stations, whilst medium samples are worth £4 10s, and inferior £3 10a to £4. The potato market has a weakening tendency, and there is scarcely any demand from Timaru for export, as growers are asking more than merchants can afford to give if they aro to sell at a profit in competition with merchants in Christohurch. The market value of tables is £3 to £3 ss, on tracks, sacks included. • Seed Up-to-dates are worth £3 5s to £3 10s, country stations. The demand for clover and cocksfoot is good, but for ryegrass it is

disapiJointinjj. This is attributed to the fuel that many farmers kept sufficient for their own use at harvest time, and thoso who did not have any were tempted by the low prices to obtain their supplies from neighbouring farmers.