DISPUTED CONTRACT

Poverty Bay Herald, Volume LXIV, Issue 19336, 28 May 1937, Page 9

DISPUTED CONTRACT

PURCHASE OF RACEHORSE RECESSION SOUGHT (Per Press WELLINGTON, last night. The discovery of a disability in a thrce-year-old thoroughbred gelding was the subject of litigation in the Supreme Court to-day, when Walter Smart, pawnbroker, proceeded against Arthur Edmond Preston, jun., for recession of contract and damages. The plaintiff, in his statement of claim, said he bought the gelding on the strength of representations that the horse had done a very good trial with Mittie over a distance of four furlongs, and that it was not until after the sale that he found that the horse’s near hip was down and that, in consequence, lie was valueless as a racehorse.

The main ground of defence was that the horse had been sold in good faith and in the belief that he was sound, and that no express warranty of soundness had been given. Mr. Justice Smith presided. Mr. C. 11. Weston, K.C., with him Mr. J. 11. Dunn, appeared for the plaintiff, and Mr. H. E O’Leary, K.C., with him Mr. P. 11. Putnam, appeared for the defendant. An unfortunate feature of the case, said Mr. Weston, was that the defendant had not made any attempt to demonstrate that the horse could gallop. “The plaintiff’s allegation, in colloquial language, is that the sale was ‘a complete take-down,’ ” concluded Mr. Weston. In his cross-examination of the plaintiff, Mr. O’Leary asked him if he charged the defendant with fraud. Witness said he had not done so. Mr. O’Leary: You don’t charge him with fraud? —No.

Giving evidence for the defence, Walter Henry Hume, trainer, of Levin, said that there was no disability in the horse when he came to him or when he left him. Witness tried him out with Mittie. lie denied that ho had told anybody that the gelding was as good ,as Mittie. At this stage the court adjourned.