Louth farmer brings dispute over sale of harrow to Small Claims Court

Farmer Michael Callan of Paughanstown, Dunleer took a claim against Fieldtech Agri, Macetown, Tara, saying that a vital part of a harrow he had purchased was not supplied to him.

When the case opened Mr Callan asked Judge Eirinn McKiernan if he could make an offer without any prejudice. He said he believed that he was right and that was why he was in court. He also believed that Diarmuid Gryson, who was in court, thought something similar.

He (Mr Callan) was offering to “split 50/50 without prejudice”. The judge adjourned the case for some minutes to allow discussions to take place between the parties. They could not reach agreement and the case resumed with Mr Callan in the witness box.

He said he had paid Paul Doyle, auctioneer, €4,761 for the harrow. Reminded by the judge that the Small Claims Court had a jurisdictional limit to claims of €2,000 Mr Callan said his claim was for €965 because the machine had subsequently been sold to mitigate his loss.

He asked if he could leave the harrow for a month or two because he was busy calving and didn’t need it until the planting of maize.

Mr Gryson said in court that the company had a dispersal sale and Mr Paul Doyle was the appointed auctioneer. All the machines had been sold.

There was a “viewing day” on the day before the auction so that people could view the machines. The conditions attached to the auction were that people must satisfy themselves about the machines before the auction.

The judge asked Mr Gryson if he accepted that Mr Callan had gone to him after viewing the machine before he paid and he was sure that the machine was OK.

Mr Gryson said there was no problem with the machine. “So he came, he looked at the machine, the machine was fine and there weas no issue with it. The shaft was not within the sale of the machine”.

Mr Callan said he could categorically say that it was not announced on the night of thr auction that there was no shaft going with the machine.

The shaft was an integral part of the machine and could not be worked without it. It was not possible to taker a shaft from another machine and put it on to the one that was for sale.

“It would be like you buying a car at an auction and there were photographs of it everywhere and you go and pay for your car and you go to drive it out of the compound and find there was no drive shaft in it”.

“He (Mr Gryson) assured me he had a drive shaft in the workshop. If I had known there was no shaft with it I categorically would not have paid for it”.

He explained to the judge that there was a “slip clutch” on the shaft to prevent damage if there was a large stone in the ground. That shaft was particular to that machine, he said.

Mr Gryson said that Mr Callan had brought the machine back to his yard to unload it but he had told him that he had bought the machine.

He said there was an attempt to try to reach a settlement “before any of this nonsense” before the harrow had to be sold or anything else. That deal would have seen the price of a new shaft split three ways.

The judge said that the fairest way she would deal with the case was that she was going to order that Mr Callan be paid the sum of €482, to be paid within 15 days.