SELLING FAT CATTLE.

Timaru Herald, Volume XIIIC, Issue 14236, 30 June 1910, Page 3

SELLING FAT CATTLE.

A QUESTION OF WARRANTY. At the Supreme Court at Invercargill last week the judgment of Mr Justice Williams was read in a case relating to a claim on an alleged warranty of soundness on the sale of fat cattle. A farmer named McCnbbin placed some fat cattle in the hands of the N.M. and A. Coy. for sale at the Wallaeetown yards he d:d not instruct them to give a warranty of freedom'from disease, and the auctioneers did not expressly give one. A man named Leekie purchased some of the cattle, had them killed at the abattoir, and one of them was condemned for tuberculosis. The State pavs one-third of the value of the beast in such cases, and after having, settled with the vendor on the account sales, the auctioneer paid the buyer one-third on an alleged usage of the sales •&{ Wallaeetown yards, that buyer and seller share two-thirds of the loss. McCnbbin declined to pay, was sued, the magistrate decided in his "favour, and the Company as auctioneer appealed. Mr Justice Williams found that there was no evidence that the seller knew of any such usage as was alleged, or that there was any usage. If this had been proved, and it was proved that the seller knew it. he might be bound by it, but it would be unreasonable to hold that a stranger must' be bound by it also. The auctioneers were given* no authority to warrant the cattle sound, and if they did so they had no right of indemmtv. The appeal was, therefore dismissed with costs. ' '