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Sales and Contract Disputes |
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Cruelty to Horses |
This segment contains cases that deal with legal disputes involving the sale or ownership of horses, and disputes over the validity or interpretation of contracts involving the boarding of horses or services (such as breeding, farrier or veterinarian) to horses. (scroll down to view cases) |
Statutes for Horsemen |
Michigan Court of Appeals (1997) Defaulting
purchaser of stallion not entitled to register foals
Connecticut Superior Court (1998) Husband and wife
partners
in horse business
Florida Court of Appeals (1999) Court orders
formal accounting in
partnership to own a horse
Florida Court of Appeals (1999) Court orders free
horse board to be
considered in corporate dissolution
Virginia Circuit Court (2000) Wrongful
appropriation of jockey Diane
Crump's name for commercial purposes
New York Appellate Division (2000) Court
refuses to enforce a
breeding contract because not in writing
Maryland Court of Appeals (2000) Stables' charge
of 2 percent per
month interest on unpaid accounts illegal
Wisconsin Court of Appeals (2000) Horse seller
entitled to damages
for attachment of property in lawsuit
Arizona Court of Appeals (2000) Absence of
written bill of sale does
not invalidate oral gift of horse
Washington Court of Appeals (2000) Arrangement to
buy, train and sell
horse was a joint venture
Ohio Court of Appeals (2000) Suit to recover stolen
horse fails to
prove horse was stolen
Georgia Court of Appeals (2000) Fraud suit
over sale of horse
fails--no misrepresentations and mere "puffing"
Alabama Court of Civil Appeals (2000) Fraud suit
over auction sale
of paint horse stallion fails
Arkansas Court of Appeals (2000) Land was not an
asset of horse
raising partnership
Iowa Court of Appeals (2000) Partnership was
for two horses only,
not a broader horse partnership
Ohio Court of Appeals (2001) Trainer successfully
sues for unpaid
board and training bills
Ohio Court of Appeals (2001) Provision in
sales contract creating
one year limit on lawsuits enforced
Louisiana Court of Appeals (2001) Horse owner
required by lease to
pay stables' attorney's fees
Tennessee Court of Appeals (2001) Court
unravels
complicated breeding contract
Ohio Court of Appeals (2001) Boarder guilty of
criminal trespass in
removing horse without paying board
Ohio Court of Appeals (2001) Ownership/breeding
contract
interpreted as to proceeds distribution
Texas Court of Appeals (2001) Conspiracy to
defraud in sale of
horse at inflated price proved
U.S. Court of Appeals (2001) Sheriff liable for
wrongful seizure of
horses to enforce agister's lien
Michigan Court of Appeals (2001) Lawsuit for board
debt dismissed
U.S. District Court (2001) Fair grounds
maintenance employee not
entitled to overtime pay
Mississippi Court of Appeals (2001) Court
awards damages for
breach of breeding care contract
Texas Court of Appeals (2001) Texas court
has jurisdiction
over Iowa company in dispute over horse trailer
Texas Court of Appeals (2001) Exchange
of horses was
permanent, not temporary
U.S. District Court Pennsylvania (2001) No
jurisdiction over New York
seller of horse
U.S. Court of Appeals (2001) Court in Tennessee had
personal
jurisdiction over bloodstock agent in Belgium
Connecticut Superior Court (2001) Court orders
daughter to return
pregnant horse to mother
U.S. District Court, N.Y. (2001) Stallion
owner
fails in RICO lawsuit against stud
Connecticut Superior Court (2002) Horse
farm
owner wins in lawsuit against corral fence builder
Minnesota Court of Appeals (2002) No proof
that
lameness existed before the horse was sold
New Jersey Appellate Division (2002) Failure
to
disclose medical facts survives auction company "as is" sale
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.