GODALMING COUNTY COURT.—March 9
(Before J. Farquhar Fraser, Esq., Judge.)
BUYING A HORSE WITHOUT SEEING IT.
JOHN RESTLE v. JOHN COOMBS.
This was claim that arose out of an agreement between the two parties in this case, respecting their horses. —Mr. White appeared for defendant.
The plaintiff stated that he saw the defendant at Petersfield fair, on the 11th December last, when they both had horses for sale. He asked £28 for his horse; and defendant wanted £20 for his. Accordingly, they could not deal that day; but, on the following morning, he saw the defendant at the Flying Bull public-house, and they then made a bargain. They made an exchange, and he was to be paid the £8; but the defendant said he had got a horse at Petersfield, which he wished him (plaintiff) very much to take, and said he would oblige him by so doing. He said he had objection to take the horse for three sovereigns, if he saw him. He (defendant) left the £5 with his man, which he (plaintiff) received; but when he went and saw the horse next morning, he said it was not worth having, and he did not remove it from the stable, as it could scarcely walk.
The defendant stated he was a sub-contractor on the Portsmouth Railway. He met the plaintiff at Petersfield fair, on the 11th December, who came to him and asked him if he would buy his horse, to which he replied that he would not buy, but would ‟swop.” He asked £14 for the ‟swop,” but, subsequently, came down to £8. He (plaintiff) said, ‟As you are going past, near me, to-morrow morning, perhaps you’ll call.” Accordingly, he saw plaintiff the following morning, at the Flying Bull; but, as plaintiff could not make up his mind, he was obliged to leave by the coach. Plaintiff had seen the horse the in the timber-carriage. He left £5 with his man, and told him if he could make a deal, he was to do so.
Thomas Harris stated that he was in the employ of the defendant, and, on the day following Petersfield fair, he made a deal for the horse with the plaintiff, and paid him the £5, when plaintiff said if it had been his master he should have had another pound.
His Honor considering a bargain had been made, gave judgment for defendant.