TROUBLE OVER MARE

Waikato Times, Volume 127, Issue 21200, 24 August 1940, Page 4

TROUBLE OVER MARE

WELL=KNOWN POLO PONY CAMBRIDGE COURT CASE (Special to Times) CAMBRIDGE, Friday In the Magistrate’s Court Mr W. 11. Freeman, S.M., reserved his decision in a case in which Frank Klaus, farmer, of Morri-nsville (Mr W. H. Adams), claimed from J. P. Thorpe, of Hamilton (Mr A. L. Tompkins) £lO5, being the amount of a cheque drawn by the defendant to pay for a mare, Fox Moth, owned by Klaus, which cheque was stopped. Plaintiff’s counsel stated that on March 30 defendant and a Mr Townsend met in Cambridge after a polo match. Defendant asked where he could get a good brood mare from the Winnie strain, and Townsend told him that Mr George Peake, of Cambridge, had the selling of Fox Moth, by Romeo or Romney out of Midget. A deal was discussed with Peake subsequently and Thorpe wrote out a cheque for £lO5. When Peake knew that the mare was for stud purposes he asked Thorpe to allow the mare to run at the Paeroa sports the following week. Then defendant saw the mare and wrote calling the sale off, as he considered she was unsound. Payment of the cheque was stopped. Howeyer, the mare won two races at the polo sports. Later defendant stated there had been misrepresentation concerning the breeding. Attention to Leg The plaintiff stated that he owned Fox Moth, which was by Romeo or Romney out of Midget. The mare was played in the big polo match at Cambridge on March 30, when she was ridden by Mr Peake. He saw the mare again on Monday, when she had a slightly swollen leg, which he attended to. It was common for such a polo pony to receive such an injury. The mare competed with success at Paeroa. Late on the Monday night he received word from Mr Peake that defendant would not take the mare and intended to stop payment of the cheque. It had been said that the mare was unsound. Subsequently in a letter defendant complained of the mare’s breeding. With reference to breeding Klaus agreed that Romeo had been a prominent sire in Australia and New Zealand. Romney had sired a few winners. He quoted Dauber, one of the favourites for this year’s Grand National Steeplechase. William Townsend, horse trainer, of Cambridge, corroborated the evidence as to meeting Thorpe and the proposed purchase of the polo pony. Unsoundness and Breeding In reply to Mr Adams, witness stated that Midget descended from the Winnie strain. Defendant had said he would like a mare from Midget, whose progeny had all been winners. The females were the dominating line in racehorses. At the time there was no discussion regarding the soundness of the mare. Any unsoundness in a mare, brought on by training or an accident, would not affect her for breeding purposes. The request made for the mare to race at Paeroa was quite reasonable. Witness was definite that Thorpe had been told that the mare was by Romeo or Romney. She had been entered in the stud and race books as such.

George Peake, stock agent, said Thorpe did not question him as to the soundness or breeding of the mare.

In reply to Mr Tompkins, witness was quite definite that no mention of breeding had been made to him by Mr Thorpe until several weeks later in Hamilton. The case was a question of sale by description, said Mr Tompkins. He maintained that the mare did not comply with the description given, as Thorpe was given to understand that the mare’s sire was Romeo, and there was no doubt about the matter. Sire in Doubt James Percival Thorpe, the defendant, stated he was at the polo match with Mr Townsend. He pointed out Fox Moth and Mr Townsend said that he used to train her. She was a full sister to Gypsy Moth. Defendant considered that in a brood mare the most particular feature was the sire. He would not have bought Fox Moth if he had known that the breeding was in doubt. Defendant considered that a mare by Romeo—Midget would probably be worth double the price he had paid for Fox Moth. It was not until two days after he had bought Fox Moth that he was told by a stud groom that the mare was by Romney and not Romeo. He then wrote to Messrs Roulston Bros., who bred the mare, and verified that her sire was in doubt. The case was simple enough, stated the magistrate, but he would need to go through the evidence before making a decision. The verdict depended on the representation made as to the breeding of the mare.