![]() |
![]() |
Sales and Contract Disputes |
| |
Wyoming Supreme Court (2002) Criminal
conviction for
selling leased horse to slaughter upheld
Ohio Court of Appeals (2002) Insufficient
evidence horse
was purchased from agent of owner rather than owner
Georgia Court of Appeals (2002) No evidence
farm
purchaser gelded stallion without owner's permission
Iowa Court of Appeals (2002) Court enforced
lien for
the care of horses in possession dispute
U.S. Court of Appeals (2002) No evidence
Calumet Farm
was defrauded in horse sale and repurchase
U.S. District Court (2002) Massachusetts court
has
jurisdiction over Florida seller of horse to Massachusetts purchaser
Wyoming Supreme Court (2002) Child had right
to seize
horse from parents' property to take to grandparents' house
Mississippi Court of Appeals (2002) No
warranty of
soundness when horse sold "as is"
Connecticut Superior Court (2002) Boarder
abandoned
horse, which was sold for back board
Delaware Court of Common Pleas (2002) Failure
to
disclose broken bone on consignment form was breach of warranty
Pennsylvania Commonwealth Court (2002) Non-dues-paying
members of horse club could file insiders' lawsuit against club
Iowa Court of Appeals (2003) No agister's
lien for
horse training separate from boarding
California Court of Appeals (2003) Court
orders boarder to stop harassing
stable owner over sale of horses
Connecticut Superior Court (2003) Failure to
seller
to disclose that horse bucks was fraud
Maine Superior Court (2003) Agreement about
training
race horse void because not in writing
Texas Court of Appeals (2003) Partial
payment on
purchase of horse was refundable deposit, not earnest money
Wisconsin Court of Appeals (2004)
Defendant entitled to reduction for horse
sales price not plead by plaintiff
Kentucky Court of Appeals (2004) Agreement to
pay stud
fee from foal sale proceeds was timing, not source of money provision
Georgia Court of Appeals (2004) Dispute as to
ownership of foal requires a trial
Kentucky Court of Appeals (2004) Failure to
purchase
mortality insurance breaches stallion syndication agreement
Texas Court of Appeals (2004) Court refuses to
set aside default judgment in breeding contract dispute
Pennsylvania Superior Court (2004) Incorrect
description of horse's age trumps "as is" language in sales agreement
U.S. District Court, Oregon (2004) Shareholders
of dissolved corporation may be liable for transportation injury to
horse
Delaware Superior Court (2004) Court enforces
oral contract between racehorse owner and veterinarian
Ohio Court of Appeals (2004) Transfer of possession
of a horse was a gift, not a loan
Texas Court of Appeals (2004) Contract for sale of horse included board, training and later delivery to buyer
U.S. Court of Appeals (2005) Latent ambiguity in syndicate agreement permits extrinsic evidence
Ohio Court of Appeals (2005) Early filing bars suit
Appellate Court of Connecticut (2005) Plaintiff?s horse trainer not allowed to testify as lay witness
Superior Court of Connecticut (2005) Interference of use of leased property by owner requires reimbursement and repair
Ohio Court of Appeals (2005) Defendant faces penalties for keeping horse after recovering for misrepresented sale
Iowa Court of Appeals (2006) Gift requires clear transfer of ownership.
U.S. District Court
(2006) Sanctions imposed following default
judgment gained while same parties appeared in another jurisdiction.
Ohio Court of Appeals (2007) Ambiguous
lease purchase agreement results in secondary, criminal litigation.
Montana Supreme Court (2007) Barter
contract, unenforceable in Montana, does not prevent court from
awarding horse to buyer.
California Court of Appeal (2007) Cardoso v. Hill. Court upholds oral contract after partial payment.
U. S. district Court, Virginia (2008) Wheeler v. Bishop. Seller fails to reveal horse’s habit of ducking and bucking.
California Court of Appeal (2008) Lightfoot v. Peninsula Equine Medical and Surgery Group. Lack of substantial evidence to support claim of veterinarian misrepresentation.
Alabama Court of Civil Appeals (2008) Posey v. Mollohan. Order to return horses does not negate existing agister’s lien.
United States District Court, D. Utah (2008) Warmington v. Keeth. Jurisdiction over contract dispute proper.
Texas Court of Appeals (2008) Partick v. Thomas. Court upholds injunction due to special, nonmonetary value of horses.
California Court of Appeals (2008) Bonfield v. Figlieno. Double recovery not allowed.
Texas Court of Appeals (2008) In re Manion. Financial documents discoverable.
Iowa Court of Appeals (2008) Ranch v. Boyl. Return of horse and damages both upheld.
United States Court of Appeals, Sixth Circuit (2009) Pivnick v. White, Getgey & Meyer Co. Firm properly failed to pursue claim.
Indiana Court of Appeals (2009) Johnson v. Indiana Thoroughbred Breeders & Owners Assoc., Inc. Default judgment upheld for bad check.
Texas Court of Appeals (2009) Lucero v. Lujan. Trainer awarded fees instead of horse.