Sheffield Daily Telegraph – Thursday 04 December 1919
Conisborough Farmer Sued.
A horse case was heard at the Doncaster County Court yesterday, when James Albert Dailey, furniture dealer, Rotherham, sued Ernest Appleyard, of Conisbro’ Lodge Farm, for £41 10s. for alleged breach of warranty.
Plaintiff gave £55 for mare on July 6th and alleged that he found it was a kicker. He saw defendant and wanted him to take the horse back, but he refused. He charged £5 for the Keep of the animal, and £3 for damage done to his trap. He sold the mare and credited defendant with £21 10s., proceeds of the sale.
Defendant, in his evidence, said he purchased the mare in June, and never had any trouble with it He agreed to sell it plaintiff for £55 and told him it was all right for anything he knew. He bought the horse from a man at Swinton. It had been army horse, and gave £40 for it. He denied that he had ever given warranty with the horse.
Alfred Elliott, fruiterer, Rotherham, the present owner of the horse, said he was quite satisfied with the animal.
His Honour strongly commented on some the evidence given for the plaintiff, and said he had no hesitation in believing Mr. Appleyard’s evidence. A verdict was given for the defendant, His Honour deciding that there was warranty and he did not believe the horse was kicker.