WAIMATE.

Timaru Herald, Volume CXXIII, 19 December 1925, Page 11

WAIMATE.

(From Our Own Correspondent.) A DEAL DY SHEEP. Of considerable interest to sheep tannery was a, case- heard tjoforo Air it S.AL, at Waimate, when Jlis Worship was called upon to interpret the .term “guaranteed sound,” which is often used, when a lino of sheep is offered for' - sale. The case was one in which Leonard Shepherd, farmer, Tiniaru, claimed from J. 31. Harrison, farmer, AVaihao Downs, the .sum of £'GO (is 4cl, being balance of purchase money for a number of ewes bought at the Studbolme sale on Alay t'th. Rlaiuti/f was represented by Air W. D. Campbell, while Air Ongley (Oamaru) appeared for defendant. Air Campbell stated that Air Harrison’s objection to paying was due to liis interpretation of tho guarantee given at the sale.

Air Ongley argued that tho guarantee given was that tlie sheep were sound. “Guaranteed sound” were tho actual words used. "When the sheep were drafted out defendant noticed they were infected with foolrot; 35 were worthless, 21 of which had died, and 16 were gummy or broken-mouthed. 31r Harrison had protested to the National Alortgago. Company, by whom the sheep were sold, that they did not come up io tho guarantee given. On his behalf, Air Eiteii had interviewed Die manager of the Waimate branch of the company, who contended that the guarantee given at Hie sale referred only to the mouth, but Mr Harrison interpreted the term to refer to the whole of the sheep.

After hearing the evidence of numerous witnesses. His Worship said lie was very far from satisfied that Dm term “guaranteed sound” was so universally known ns to become, a custom of buying and selling .slice]), as to name a force of law. But in. that case, lawns satisfied, from the evidence, ihat the sheep bad described as “.sound mouthed owes,” which did away with, -defendant’s complaint of footrot. li .was admitted by the auctioneers (National Alortgago) that some bad footrot. JAs to tho sheep being guaranteed - sound-mouthed, two expert witnesses | slated the sheep were sound, with Dm i exception of nine, which one witness described as having broken-mouths, land the oilier failing mouths. Tie. proposed to deal with the nine sheep, and rihke a frirlv liberal allowance of £7 TV for dofom'’-nl. Judgment wm-hi be for plainlilf for £6O 2s, and costs. £lO ICs.