THE RECENT CASE GOODWIN v GRIFFIN

To the editor of the Banbury Guardian

Sir – Now that it has been decided that the appeal in the case of Goodwin v Griffin shall not be proceeded with, I desire, on behalf of the committee of this Union, to offer some public comments upon the case as it affects the interests of farmers.

The facts may be briefly recalled to public memory:- Mr Goodwin, the plaintiff, purchased at the Byfield sale and show in October 1913, conducted by Messrs Miller and Abbotts, the well-known auctioneers of Banbury, a filly foal which had been entered by the defendant, Mr E Griffin, of Kineton. The plaintiff alleged that he purchased the foal under the belief that it was eligible for entry in the stud book – a belief that he said was borne out by the form of the entry in the catalogue, but it subsequently appeared that the foal was not so eligible. Communications passed between the parties and eventually Mr Griffin was sued for £20 damages which a jury in the Stratford County Court awarded him.

The points to which the Union desire to direct the attention of farmers are two, and they both arise out of the conditions of sale. There is no suggestion that the conditions of sale are in any way unfair as between the buyer, the auctioneer, and the seller, nor is it suggested that the auctioneer acted otherwise than in good faith.

Condition No. 9 is as follows:- “The conditions of entry for this sale are that it is open for shire horses entered, or eligible for entry, in the Stud Book. The auctioneers do not guarantee that these conditions have been complied with, and will not hold themselves responsible in the event of any animal being found ineligible for entry in the Stud Book.”

The first point is that while the auctioneers clear themselves of all responsibility in regard to the entries in the catalogue, the seller remains responsible to the purchaser in the event of any misdescription.

It is difficult to believe but it was admitted in evidence, that Mr Griffin’s entry was altered in the auctioneers’ office without consultation with Mr Griffin, and by that alteration the appearance of the foal’s eligibility for entry in the Stud Book was increased. While the responsibility of the auctioneer is effectively guarded against and the responsibility of the seller remains, it appears to my committee that auctioneers ought not to make any alteration in the seller’s form of entry without prior consultation with the seller.

The second point, and one which largely accounts for the judge’s decision adverse to Mr Griffin, arises from the first sentence of Condition No. 9:- “The conditions of entry for this sale are that it is open for shire horses entered, or eligible for entry, in the Stud Book.”

To the ordinary reader who does not clearly observe the meaning of the sentence it conveys the impression that the sale is open only to shire horses eligible for entry. But of course the sentence properly bears no such interpretation – in fact, it has no practical meaning whatever for it is obvious that every public sale of horses in the country is open for shire horses entered, or eligible for entry and therefore the condition means nothing. Moreover there were entered and sold at the sale many horses which were neither entered nor were eligible for entry. The County Court Judge, however, got it firmly in his mind that the sale was open only to eligible horses and he regarded Mr Griffin as violating one of the conditions of the sale by entering a horse which was not eligible.

As the result of this judicial misunderstanding my committee are of the opinion that Mr Griffin has suffered from a miscarriage of justice and with a view to obviating any such occurrence in future, they urge all farmers and other sellers of horses to scrutinise closely the conditions of any sale to which they propose to send horses for disposal, and they appeal further to auctioneers to carefully revise their conditions of sale so as not to mislead, however unintentionally, the farmers who form the bulk of their clients.

Yours, Richard Lean, Stratford-on-Avon & District Farmers’ Union

Banbury Guardian January 1915

Warmington:

Much sympathy is felt in this village and district for Mr John Smith, whose wife died on Friday aged sixty-two, and was interred on Monday at the Warmington Parish Churchyard at the special request of the deceased. The funeral was simple and impressive and was conducted jointly by the Rector, the Rev. R P Willock, and the Rev. G R Forde, Wesleyan minister Banbury. In officiating at the grave, the latter expressed his very sincere appreciation of the Rector’s Christian spirit in the mutual arrangements made, and for his many acts of kindness shown to Mrs Smith during her prolonged illness.

Banbury Guardian January 1915

The Bicester:

Saturday, January 16^th – Fenny Compton Wharf

Banbury Guardian January 1915

Among the new laws in force are the British Nationality and Status of Aliens Act , 1914, commonly know as the Naturalisation Act, which consolidates and amends the enactments relating to aliens, and The Bankruptcy Act, which consolidates the law relating to bankruptcy.

Sheep Dipping and Swine Fever

Several informating facts have been brought to light illustrating the influence of the war on the method adopted to check and control contagious animal disease. It is not generally known that certain of the regulations dealing with sheep scab are in abeyance, and that the Orders which control mange and tuberculosis have both been suspended. Action was taken shortly after the outbreak of hostilities as it became evident that more important matters demanded the service of those engaged in the task of administering regulations.

It must not be supposed, however, that the authorities are in any sense less vigilant where strong measures are needed. The foot and mouth disease and the more deadly afflictions are dealt with in the same manner as hitherto, but the tuberculosis regulations were really on trial, while it is possible to afford a respite in those districts immune from sheep scab.

Several protests were made at recent meetings in London against relaxing the oversight of sheep dipping, and these were based upon a commendable desire to strike a sterner blow at a time when the disease has been greatly reduced.

Sympathy must be expressed with the stockbreeder’s attitude, but in extenuation of the action of the authorities it may be effectively pleaded that no change has been introduced in scheduled areas. The double dipping is still demanded in the usual way, but it is left to the stockbreeder’s good sense to determine the treatment of his flock in those parts of the country which have a clean certificate of health. In these days it should not be necessary to urge, much less supervise, the dipping of the flock, but the careful flock-master in his own interest demands that he shall not be subject to the danger of infection owing to the remissness of his neighbour. The position at the moment is that there is no general dipping order, but that the outbreak of sheep scab entails the same procedure as enforced prior to the war.

The tuberculosis regulations, involving the notification of diseases, were put into operation some years ago with the tacit approval of stockbreeders. They have not proved wholly satisfactory, as the cost of administration in proportion to the results has been somewhat heavy. One may regret the suspension of a Departmental Order which is virtually still in the experimental stage, but it must be conceded that if any sacrifice were to be made the tuberculosis regulations should be first to be withdrawn. The more virulent and contagious diseases must receive the same undivided attention which was given to them in times of peace, but a very good case might be made out on behalf of more vigorous measures to reduce the ravages of swine fever.

The Board of Agriculture has quite a good record in the suppression of disease, but swine fever has administered a severe blow to prestige established after many years of laborious work. For some obscure reason the number of outbreaks in 1914 has bounded up, and the number of pigs involved has proportionately increased. ….

Banbury Guardian January 1915

An engagement is announced by Ronald H A Holbech of Farnborough Hall, only surviving son of the late Colonel W H Holbech and of Mrs Holbech, of Farnborough and Catherine Emma, youngest daughter of Sir Leigh Hoskyns, Bart., and Lady Hoskyns of Cotefield.

Banbury Guardian January 1915

WANTED: A man able to milk and make himself useful on farm, early riser, cottage in village near work – Apply to A E Knot, Fenny Compton.

Banbury Guardian January 1915

Mr S J Mawle has received a letter from an officer at the front in which the writer says “The German soldiers are under an awful delusion. An officer who was captured on Christmas Day says that the Germans have taken Calais, and London is terribly bombarded”.

Banbury Guardian January 1915

Warwickshire:

The sale of estates has, I think, been generally postponed since the war began. There is a tendency by auctioneers and the press to write up the demand. If there was any genuine demand desirable properties would change hands privately oftener than they do. I know of miles of frontage close to one of the favourite towns in the Midlands where the owners declared land values for their own protection from increment duty under the Finance (1909-10) Act, 1910, not a plot of which has been enquired about up to the present time.

There are plenty of applicants for farms but substantial men of experience are few and far between. Prices are better all round since the war began, but labour is very scarce, and the cream of the young men are very properly entering the army. The labour question frightens farmers more than anything else.

All financial schemes for assisting capital-less men to buy land are in abeyance now the Government itself cannot borrow (without sinking fund) under .4 per cent; such schemes must have ended in disaster anyhow. County seats are unsaleable. Most estates which have been sold entire in recent years have made from 20 to 25 years’ purchase on the rental with the mansion, shooting, and all the appurtenances included.

The County Councils have, when left alone, have acted prudently and with judgement, but when bustled up by the Government have made purchases which will be regretted later on.

As regard the timber trade, merchants try to buy at slightly increased prices, but will have to give more if sellers keep their heads. There is a genuine demand for oak and larch thinnings for pit props; fine ash timber is very dear and hard to find.

George W Raikes, Ragley Estate.

Banbury Guardian 1915 (from ‘The Estate Gazette’ )