PATEA.

Wanganui Chronicle, Volume LXXXII, Issue 19433, 20 October 1925, Page 3

PATEA.

MAGISTRATE’S COURT (From the “Chronicle’s” Special Correspondent.) The monthly sitting of the Magistrate ’s Court was held here on Friday, Mr J. S. Barton, S.M., presiding. Absence from School. The truant inspector proceeded against Joseph Lucas for failing to send his children, Richard and William, to school. The defendant did not appear, and after hearing the evidence of the inspector, the magistrate imposed a fine of 10s and costs 7s in each case. The truant inspector also proceeded against Joseph Signal for failing to send his daughter to school. Defendant pleaded not guilty, but after the inspector had given evidence a fine of 10s, with costs 7s, was imposed. Debt Cases. Judgment was given for plaintiff with costs in the following cases: McCarty and Hunger v. F. Meyers, £5 8s 3d; J. W. Hills v. T. Jensen, £7; J. Harold v. A. V. Miller, £9 8s sd. The case D. Jones v. D. Calder was adjourned by order of the Court till November 13. Sale of a Cow. John Hurley, of Hurleyville, proceeded against E. Sattler, "of the same district, for breach of warrant in connection with the sale of a cow, and claimed £4 6s, the difference between the amount paid for the cow and that realised on the re-sale. Mr Rutherford appeared for the plaintiff, and Air T. E. Roberts for the defendant.

In giving evidence the plaintiff said that on the Sunday previous to Sattler’s sale, he saw the defendant and asked him which were his best cows, remarking that as he required six or seven more cows, he was prepared to give a fair price for them at the sale. The defendant pointed out six or seven which he said were his best and also gave the dates of calving and said they were all sound. At the sale plaintiff bought the seven cows recommended by the defendant; the auctioneer announced that Sattler would giv<‘ the calving date of each cow submitted and would also point out any defects. When the cow in question was brought forward Sattler gave the time of calving as 11 early in August.” After the cow had been on his property for a few days he noticed her running around the paddock and also again about three weeks after, which satisfied him that the cow was not in calf, so ho sold her by auction, and she only realised £2 16s, and it was the difference he was now claiming. In cross-examination plaintiff said that he told Sattler he would bid up for the cows if he (defendant) would give a list of his best cows, and he was now inclined to think that the best cows were not pointed out to him. He did not claim to be a goood judge of cows.

Noel Lewes said he was an auctioneer, residing at Hawera, and was present at the sale when Sattler’s cows were sold. Air Chisholm was the auctioneer, and described the cows before the sale, and Sattler did so during the sale. The auctioneer said the sale was being conducted under the usual conditions of sale, and that the vendor would give calving date and point out any defect as each cow was submitted. In cross-examination the witness said that sales were made every week where, if a cow was said to be in calf, and proved not to be, she was returned to the vendor.

In giving judgment, the Magistrate said it was a great pity these disputes took place between farmers; the conditions of sale were always posted up, and even then farmers were continually coming to the Court to settle these disputes. He was quite satisfied that the representations made by defendant amounted a warranty, but in view of the fact that it was not committed to writing, as required by the conditions of sale, plaintiff must be non-suited.