FARM AND STATION.

Otago Witness, Issue 3514, 19 July 1921, Page 8

FARM AND STATION.

to defendant. Defendant counter-claimed for £7O, being losses alleged to have fallen upon him through the inefficiency of the milking outfit, in that it, failed to comply with the eellers’ guarantees. His Worship's judgment is as follows: — “This is an action on a promissory note for £137, being the price of an ‘Anto’ milking machine. 'I he promissory note is in order and was given for consideration, so the plaintiff is entitled to judgment, on it. i lie defendant lias counter-claimed for £7O, being amount, required to put new puleators in the machine, lie claims that the pulsalors supplied do not strip the cows well. Contradictory evidence was given about the ‘Auto’ pulsators, some users finding them satisfactory. ] i:!: > others ‘wouldn’t have them on their minds.’ it is not necessary, however, for me to decide the merits of tile ‘Auto’ as a satisfactory stripping machine. The law on the usbject is com tained in section 16 of tile Sale of Goods Act. The proviso to sub-section (b) says that in the case of the side of a. specified article under its [latent, or other trade name, there is no implied condition ns to its fitness for any particular purpose. If the article has a trade name under which it is oiderrd, then this proviso applies. If a man orders a particular machine by its trade name he cannot complain if it dees not do all that ho expected it to. This ‘Auto’ milking machine is a machine, sold under a. trade name. 'J here are many different makes of machines on the market, each claiming certain advantages and enmnctmg against each other; just the same as, typewriters and motor cars. If you buy a Ford and expert it to be a Funbeam you will bo disappointed. The buyer of an ‘Auto’ milking plant takes it for bettor or for worse. He had the choice of many

makes, and if his chosen ‘Auto’ does not do ail it is cracked up to do it is his misfortune in choice. The defendant here has no claim against the vendor, and tlie counter-claim fails.”