AN UNUSUAL CASE.

Wanganui Chronicle, Issue 12881, 30 April 1913, Page 2

AN UNUSUAL CASE.

THE CALVING OF COWS

AND ITS EFFECT ON A

SALE

An unusual case which involved many-points important to farmers was heard at the Magistrate's Court on Monday, when Cabel Wyatt (Mr. 'Arm- V strong) claimed from Janet Oaldwell (Mr, Coheri) the sum of £75.

The statement of the claim was set out as follows:—That on July 26, 1912, at Wanganui, through Messrs. Jackson and Cd.i : the - defendant offered for sale • certain. wiflk cows; (2) that defendant represented that the said cows would calve during the months of August and September, 1912: (3) that the plaintiff, relying on the representations of defendant, pttrghased- 22 of the said cows; (4) that the-said cows were duly delivered to plaintiff; (5) that the said cows did not calve * for a considerable period after the 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 bought much better prices than those whose date of calving was uncertain. '. -••- Mr. Cohen, for the defence, held that Tvhon a vendor stated the dates on which a cow was due to calve, he did not imply a warranty. The case hinged on the word "due," which was used at the sale. The plaintiff said in the best of her and belief, and in the ordinary course of events the cows wo^ld calve on the dates specified. But circumstances intervened, and the expectation of tHe vendor was not realised. ■■■''.

Mr. Armstrong contended that In was on the strength of the representations made in regard to the calving sjr. the cows that the purchases were made. The animals were offered to hold a quality which did not prove to exist, and the purchaser suffered in consequence. His client wanted the cows at the beginning of the 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 certain date," and non-suited plaintiff, with costs to defendant.