BREACH OF WARRANTY CLAIM

Taranaki Daily News, 27 May 1933, Page 9

BREACH OF WARRANTY CLAIM

SALE OF STOCK AT INGLEWOOD. DAMAGES GRANTED FARMER. A sale of heifers by an Inglewood farmer named L. Jensen to an Otorohanga farmer named H. C. Grierson in June, 1932, was the subject of a claim by Grierson against Jensen heard by Mr. W. H. Woodward, S.M., in the New Plymouth Magistrate’s Court yesterday. The heifers were guaranteed by Jensen to be . in calf and for five that were not Grier- * son claimed the difference. between the cost of the heifers (estimated to. be £4l 3s 9d) and the value of five empty heifers (estimated to be £5), the loss of returns from two barren heifers-for the 1932-33 season estimated at £l4 and general t damages £lo.* Argument upon the estimated value of the five-empty heifers and upon the question of whether Grierson’s travelling x expenses to Taranaki to purchase the stock could be included in the estimated cost of the stock was submitted by both sides but the Magistrate decided against the latter. As a result judgment was given'* for Grierson for £22 15s as the difference between the price of £36 15s paid and the sum . of £l4 10s estimated to be".the value of the five empty heifers, for £3 general damages and for costs and witnesses’ expenses amounting to £lO 6s. Evidence was submitted by both sides upon-the question of whether the heifers were in calf or not, it being suggested by Mr. L. M. Moss, who appeared for Jensen, that all were in calf when they left Jensen’s farm and that they might have become mixed while being railed. The magistrate held that the evidence call by Mr. M. R. Grierson, who appared for the plaintiff, showed that five heifers were not in calf at the time of purchase.