THE CALVING OF COWS.

Taranaki Herald, Volume LXI, Issue 144085, 2 May 1913, Page 8

THE CALVING OF COWS.

AND ITS EFFECT ON A SALE. An unusual ‘ case which involved many points important to farmers was heard at tho Wanganui Magistrate’s Court on Monday, when Cabol Wyatt (Mr. Armstrong) claimed from Janet Caldwell (Mr. Cohen) the sum of £75. Tho statement of the claim was set out a.s follows:—That on July 2(5, 1912, at. Wanganui, through Messrs. Jackson and Co., the defendant offered for sale certain milk cbws; (2) that defendantrepresented that the said cows would calve during tho mouths of August and September, 1912; (3) that, the plaintill, relying on the. representations of defendant, purchased 22 of tho said cows; (-1) that the said cows were duly delivered to plaintiff; (o) that the said cows did not calve for a considerable period after tho months of August and September, and in consequence the plaintiff suffered considerably over, the £75 claimed.

An auctioneer testified that cows known to calve at a certain date brought much better prices than those whose date of calving was uncertain. ■ ,

Mr. Cohen, for the defence, held that when a vendor stated the dates on which a cow was due to calve, he did not imply a warranty. Tho case hinged on tho word “due,” which,, was used at the sale. Tho plaintiff said in the best of her‘knowledge and belief, and in the ordinary course of events tho cows would calvo on tho dates specified. But circumstances intervened, and the expectation of'The vendor was not realised. .

Mr. Armstrong contended that it was cm the strength of tho representations made in regard to the, calving .of tho cows that the purchases Were wade. The animals were offered to hold 4 quality which did not prove to exist,’ and the purchaser suffered in consequence. ITis client wanted tjio cows at the beginning of tho season, not two months later.

His Worship held that the words "due to calve on a certain date” did not imply “guarantee’ to calve on a certaindate,” 'and non-suited plaintiff, with costs to defendant.