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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.
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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