A SLUG.

Gisborne Times, Volume XLV, Issue 4001, 6 August 1915, Page 2

A SLUG.

DISPUTE OVER A HORSE DEALCLAIM FOR REFUND OF PURCHASE MONEY. JU DO MENT POR PLAINTIFF. Thc -cn.se of James Copeland Field and James Henning-"( Air Burnard) v E. G. Broughton (Mr Dawson), a claim for £9 IQs for a horse lit for a lady to ride or drive, but which afterwards proved unsuitable, was heard before Air W. A. Barton, S.M., at the' Ms vgistrato’d Court yesterday morning. Defendant- counter-claimed for £•! 10s for mud feeding the lioino. James Cnjiflnnd Field- t aid that on June II he inserted an advertisemont for a horse suitable for a lady to ride or drive. Ho wanted the horse for h s sister, Airs Henning, who was going to reside at Ton Ton, midway between Alotu and Opoliki. Defendant rang witness up and said ho hive! a pond, horse, to either ride or drive. Witness to!cl defendant that he won tat t the horse for a lady to ride or drive in rougli country, and defendant said the horse was quite suitable. Later witness saw the defendant’s sou, and repeated what lie wan toil, and he saiu the horse was good in either harness or. the saddle. Witness tried iim herso with the saddle, and then asked if the animal was good in harness,

and defendant’s son said it was. Ate Helming later came down, and witness told him that defendant guaranteed the horse. Air Henning got the horse a couple of days later. Vv it ness la ter tried the hon e, which lie put into a trap and drove towards ~:r Gray’s. On starting the horse Was very sluggish, and witness kept touching him iii) with Die 1 wh.il).- A't.cr tri'iiu r about- a mile, the horse sioweu down to a walk. The horse had. a thick Jiide and was a slug, and witness told Air Henning that it- was quite unsuitable fur the pen nose; inquired. ‘Witness rang drh-mirnt up, and told him t-lmt he had been misleading in his statement in saying that the-horse w:m suitable for a uu*.\ to drive. WiPia s told Alr Ucmiii.g x«. take' the horse beck to c-. , ."■lain the iioxt morn inn;. ami tins was cl° n( • Witness saw dcfeudimt a day or so afterwards, and fold him that he hud Ikmmi guilty oi misn jireson tut lull was not suitable for a lady to <\n\y : ami witness must have known >’• Witness- told defendant that he expo.ted him to refund the money to To IPs Worship: Witness had had experieme all his life amongst liorse.-. Bv Air Dawson : Defendant did mu say that the matter was finished, ■<"<' that he would not take back tec hoi - . Defendant rang up and said he won, impound the horse it it was not take S-.wav, as lie considered .0 b-oLongeo to witness. The. horse was a slug. \\ita member of the Society or the Prevention of Cruelty, to Aniim . and would have been liable had - ]iiriot'd the horse any moie than <• did ’ during the t-i;lai. . Witness w:£ satisfied with tlie trotting test - - made of the horse in the - addle. -- considered seven miles an hour a - pace for a horse. He did not whip the horse. He expected a ten thing from a horse, and if lie did - ,et this he tin'll used the whip, bur nsed it with discretion. An e\|'< ! * cnccd driver never used a whip Mit was necessary. . James L. lle-unmg said lie R>oi, e. livery of the mare in question on June 13 He tint the mare mto the «ig. ■' town, anil drove her out to AU Field's. He left the Royal stab.es iu fl J 5 and the horse along all right for about a mile, when u t ;-y 1 ui< Ito use the whin. On reach ng Bell’s store, the horse Moppet ..mi !; was some time before, be could- wet . going again. Tim horse stepped soyral times going out, .ami when l reached Air Fields vhe . hm-e \ - covered wit.t sweat. A\ itness -im. . Air Field the tame on arriving .ml he'replied that it was then _ o clo ythat it had taken him oyer n • hours to go live miles. A lady con 1 d never have driven the hui.-nJ. When witness saw defendant the ter said that he had not sox. horse as a gig norsc.- . , , - Mr Dawson said ho mteixl'< imovo for a non-suit. ~\\ het-nei 1 1 had been a breach ot warrant,y 'y not the plaintiff had no light to . ■ ha k the horse. His remeoy vas - proceed on an action ior eu>mages breach of warranty. . -Hp Barnard said tins was m-t a <<«.-. where a man purcliuseei a horse n- I .'- ,-anted sound, but the conditions mere that the horse must be capaolo ol ; , in- driven. Even under the. ‘-a- ■ of warranty plaintiffs were e»ti ed te recover the £9 10s as the hoi so w quite worthless to then.. * Defendant said ne**!:ved Mmut fly miles from Gisborne. He W'y horse in question twelve mm W , last December, and had imn.d te staunch and lionest. bhe had U-) 1 refused to do anything .that was asm -- of lier. She had worked in chains In harness. She was not what you would call a free horse, and did mm reouire an undue amount ot wnip. 1,could make the journey from Ins place to town in half an houi. te. ; longest time he had taken was --J mimite-s. In witness’ opinion tin mare was fit for a lady to drne M U;' Mr Field returned the horse he te ; 'Field) said that- he could not get tin mare to go, and had thrashed her unmercifully. Since the mare had Ik sent back, witness had been rompeb-d to o-ive the mare two feeds of chad a day, and a feed of gween oatos emem <lav. He eonsiderexl teas a week a te charge for feeding a horse. . His Worship: AYhen you give .. no °”De/ondant: Yes, considering the feed of green oats each day. , Bv Mr Barnard: Witness .Imu driven the mare two or three turn's a W eek. The.ro was no need to sim, iU E<lgnr Cecil Broughton farm hand, son of the defendant, also gar c e'.idenec. Ho thought the mare cost lus father £l2 about 18 months ago. M Ay ness hud driven the mare m t <V cart, nlough, harrows etc. fell ' urn never given any trouble. MUnc.eoiild drive into town f rom Ins with the mare in 25 minutes, min, m K- » Ot »* te a con pi o of taps a ways smartened her up a S ain .y , , i Bv Mr Burnrd: Witness had jo Afr h’ield that the horse was goml m ‘Tlnswcr to His Worship, defend; ant said that it was m answer to Hj - ndrortisenVont that ho appumthul 1 John B. Rosemond (ironmonger), Henry Moore (dairyfarmer), and Alfred Walker (veterinary, surgeon) also gave evidence, saying t»at the house was a good average horse. His Worship said ho was nerfeedy satisfied from the evidenye that -m horse was quite unsuitablo loi . tuc purpose for -which it was. rcoiurcO. Judgment would be tor plamt f - the amount churned, £9 iUs, " costs £1 Iscl.