New-York tribune., 1908-12-25
SHOOTING VERDICT
Breach Of Warranty IN Susser Game
PreserTes-Socidl Effects.
December u.

resentation Of the stock of birds Mr. Frederick
Marcus Modera of Chester Square hired stop
ham House. Sussex with game preserves. from
August until February, for $50. paying $500 IN
advance He disappointed with the shoot
ing from the outset and instead of paying the
balance'of rent brought suit against the owner.
Sir Walter Barttelot, Baronet, for damages
caused by Misrepresentation of the sporting re-
sources Of the place This suit has occupied
six days in the Kings Bench. before Lord Law
renee, the testimony Of shooting agents game
keepers beaters and sportsmen being taken IN
detail; an the jury has decided for the claim
ant, giving him damages for about one-half or
the rental and leaving him to settle the coun-
ter claim for the balance unpaid. With one
half OF the rental lost In damages and the other
half in costs Of action. the owners earnings
from the shooting are completely wiped out.
This case is important and interesting. be
cause the Sussex shooting was let under virtual
" the same conditions as thousands Of other
country houses with game preserves Although
shootings for grouse and partridges have gone
begging in the North during recent years, the
aggregate rentals for the kingdom are between
100000 and 100000. and the business Of
procuring tenants is conducted on common
lines, There are London agents who handle
these shooting properties and base valuations
on the country house Itself and the average
number of birds killed during five or ten wears
There is never a warranty in any settled Ior-
mula that the average viii be reached during
the tenancy; but there is implied understand
ing that it will be equaled. if the weather he
favorable and the shootings properly managed
Whenever the seasons bag is unsatisfactory
The owner has the testimony Of his own game
keepers and servants that the ground was not
scientifically shot over; that the guns were not
handled with skill; that inadequate number
of beaters was employed, and that the advice of
those familiar with the nature Of the ground
and the habits Of the birds was not taken Evi-
dence of this sort was introduced in the Sussex
ease but the jury. without irnputing blame 20
the baronet himself. held him responsible for
misrepresentation Of the resources Of the es-
tate by agents and servants. The tenant ard
his guests shot 315 pheasants and 81 partr'dges'
when he had been led to expect bag Of SSJ
pheasants and goo or 300 partridges. This ez-
pectatfon based upon records and registered de-
scrfptions was treated implied under
standing equivalent TO warranty in law. Tne
case unless the verdict be reversed on appeal
is = precedent which applies TO the majority Of
shooting tenancies.
While the value Of shooting properties in Scot
land and Yorkshire has declined owing 70 vari-
Gus causes. pheasant shooting in the MidLaHo
and Southern counties has become popular
form Of winter sport. No country house is now
complete without adjacent woods and coverts
stocked with pheasants- With the promise d
shooting from November to February. properly
Of this kind is available for weekend entertain
ing and there is little difficulty in letting u
with bfg shoot on Saturday and little one
~, Monday the male guests have something 70
10 in the open air. and the weekend visiting
goes off successfully. whatever may be the cost
of the birds before the guns in upkeep and rooo-
II Is the pheasant covert that trnparts Vaiue 70
country houses within reasonable motor dri'e
of London because ii is essential 70 WINTER 'r
holiday entertaining For this reason the YER
dict against the Sussex baronet has nroad
social reach There hundreds Of similar
-,re-+ies hired on similar terms; and the pre-
ca,7rion Of counting the birds in coops ana OF
aeti eating the wandering hens and chicks IN
srirnev and copse IS never taken when tenant
secures a country house for the winter Inc
-soor6e are ordinarily accepted, and when there
&c anv serious default in the seasons bag u IS
set down to bad weather or improper arrange
r,en+s for the shooting Modera VS.. Barttelot
anlarges the rights of tenants al the expense ol
owners It converts agents descriptions and
axnactations based upon average bags into
,-ac+icaI warranty for the seasons sport !
While apoIogizing to his guests for a poor she"
~ birds the dfscontented host can console him
s.1f over the prospect Of enforcing reduction /
Of rent
This sweeping verdict becomes a fresh source /
Of disturbance in the disposal Of sporting prop
critics when there were already many causes Oh
5.r,raseion The Scottish and Yorkshire shoot !.
,,rs for grouse and partridge have declined III
-o-saorence Of the exhausting effects OF con-
i,,,,c,'s taxation Of moderately wealthy people (
1-conon,,- has been enforced by high rates and
I,asz-1- income taxations. and the practice OF
taking grouse and partridge noors in the NoTth /
has baen discontinued by thousands who USED .
- ,,,,eida- i as indispensable to snlartness as {
-,a occ,,nation of a town house during the Lon /
= eason The increase Of luxury in enter (
.a5rfre Al shootings and country houses has ,
.7o5 70 L,ee, former tenants out Of Scotland
--,-ti-a Lincolnshire and Norfolk They nave /
= .-,.t,s 70 cor1pete with the very rich, VINO /
- ,,,se and partridge drives for royalty on /
= soaIe and entertain their guests with
+,,,e bosnitaljtv: and consequently they
- ,re IN for golf play at seaside or 1nlano
-. - have taken autumn and winter jour !
= +be Continent They have been shut /
= .,t- ,,sua1 sport with the gun when (
~ - .,,ootinr OF any social distinction has /
- necassitv for hiring broad ranges (
-. - ,tgt cost and of varying grouse and
% -. .too+ing with deer stalking and deer /
drives.
7ba-e has been a growing TENDENCY eAOep' ;
o-1 the vvealthiest, to find cheaper suOsti-
+,,+es for grouse and partridge snooCns ouIiHs
- .=,.+ sentember and October. and to adopt J
pheasant shooting during the winter as IaSni"
- The necessity for hiring extensive /
sbootings in the North with tracts OF ueei I''-
80 -alo,-s Of fresh territory for every new /
,o+ of guests has been dispensed wlth' ana sport /
- heen deferred untf cold weather, when
tain 5xxr{f- -fr, aoyI