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  1. #1
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
    Posts
    1,199

    Default who owns the horse

    On 11-16-11, I made a deal in writing (contract) with a guy that had been after me for months to buy my TWH stallion. The contract states the agreed value of the horse and that he is taking the horse in exchange for "services (to be determined) and some $$ (to be determined). So, I needed welding on my flatbed trailer and he said that he would do it and $175 was agreed on as the price for the job and put down on the contract in the area provided for "services" info and date, payment amt and both of our initials. And I said to him come get the horse anytime cause I need the stall. My trailer is at his place now------12 miles from my house. Then, he was here at my barn trimming horses and I had $25 applied to the amt owed to me, again, signed and dated. And again, I told him to come get his horse. Last Tuesday, 12/6, he was here and I said to him," You need to come and get your horse out of my barn because I am tired of feeding him". He said to me in front of other folks that he'd pick him up this weekend. Fine. Sat. night, I get a call from my barn girl that something is wrong with the horse-long story short, have to call the vet at midnight. Call the owner and text 40X from 5 pm - 2 am and cannot get him. So, horse apparently has high twist or possibly anterior enteritis. Vet leaves and at 7 am horse is in bad shape again. Vet says horse needs to go to hosp if it is to be treated. I know owner would not go for that. Not an option. So horse either has to stand and tummy fill up and rupture and die a horrible painful death or be put down. I called my guy with a gun. Then the guy that is on the contract with me calls and says,"That's not my horse-he's not in my barn!!!!!!!!!!!" WTF----he bought the horse on contract and and has made 2 payments on it and now it's not his horse????? So he's trying to stick me with the vet bill I guess. So, who owns the horse? Small claims, here I come. He was his horse on Dec 6th, according to his own words!



  2. #2
    Join Date
    Nov. 27, 2011
    Location
    My Little Bit of Heaven
    Posts
    250

    Default

    What has happened to the poor horse?



  3. #3
    Join Date
    Nov. 2, 2009
    Posts
    67

    Default

    I feel really sorry for that horse



  4. #4
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
    Posts
    1,199

    Default who owns horse

    I had the horse humanely put down-----tranq and a bullet. I would not let him stand and rupture. Nor could I afford the long term tx it would involve to "maybe" save him.

    So, who owns the horse?



  5. #5
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
    Posts
    1,199

    Default horse

    Oh, after the fluid was drained off the horse's stomach (5 gal!), he was comfortable til about 7 am-----------I stayed with him at the barn. He was put down about 8:30. At 7 am I gave him pain meds, etc. He was a good boy.



  6. #6
    Join Date
    Nov. 27, 2011
    Location
    My Little Bit of Heaven
    Posts
    250

    Default

    If the buyer did not fulfill the sales contract then you do.



  7. #7
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
    Posts
    1,199

    Default horse

    Hmmmmmmm.........



  8. #8
    Join Date
    Mar. 18, 2005
    Posts
    218

    Default

    Quote Originally Posted by nashfad View Post
    On 11-16-11, I made a deal in writing (contract) with a guy that had been after me for months to buy my TWH stallion. The contract states the agreed value of the horse and that he is taking the horse in exchange for "services (to be determined) and some $$ (to be determined). So, I needed welding on my flatbed trailer and he said that he would do it and $175 was agreed on as the price for the job and put down on the contract in the area provided for "services" info and date, payment amt and both of our initials. And I said to him come get the horse anytime cause I need the stall. My trailer is at his place now------12 miles from my house. Then, he was here at my barn trimming horses and I had $25 applied to the amt owed to me, again, signed and dated. And again, I told him to come get his horse. Last Tuesday, 12/6, he was here and I said to him," You need to come and get your horse out of my barn because I am tired of feeding him". He said to me in front of other folks that he'd pick him up this weekend. Fine. Sat. night, I get a call from my barn girl that something is wrong with the horse-long story short, have to call the vet at midnight. Call the owner and text 40X from 5 pm - 2 am and cannot get him. So, horse apparently has high twist or possibly anterior enteritis. Vet leaves and at 7 am horse is in bad shape again. Vet says horse needs to go to hosp if it is to be treated. I know owner would not go for that. Not an option. So horse either has to stand and tummy fill up and rupture and die a horrible painful death or be put down. I called my guy with a gun. Then the guy that is on the contract with me calls and says,"That's not my horse-he's not in my barn!!!!!!!!!!!" WTF----he bought the horse on contract and and has made 2 payments on it and now it's not his horse????? So he's trying to stick me with the vet bill I guess. So, who owns the horse? Small claims, here I come. He was his horse on Dec 6th, according to his own words!
    Does it really matter who owned the horse? The horse is dead. You called the vet, the vet bill is yours if you did not have a contract signed by the owner(whoever that was), saying you could call the vet on his behalf.



  9. #9
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
    Posts
    1,199

    Default horse

    I am screwed.



  10. #10
    Join Date
    Feb. 6, 2003
    Location
    Deep South
    Posts
    15,004

    Default

    You seem to have received services to offset the vet bill.
    ... _. ._ .._. .._



  11. #11
    Join Date
    Nov. 6, 2009
    Posts
    2,231

    Default

    You need a lawyer for this one, but it probably would cost you more than just paying the vet bill.

    Frankly, I think you should chalk it up as a lesson learned. In the future, you would protect yourself better by using a sales contract that is a titch more specific about the sales price, when it will be paid, and when the new owner takes possession of the animal. If you guys hadn't even agreed on a final sales "price" (including exactly what services in trade) I think it is hard for you to argue that the deal was finalized.

    Your situation illustrates the wisdom of completing horse deals and having a new horse moved to its new home in a timely fashion whenever possible. If I sell a horse and the new owner doesn't want to (or can't) move it right away, the new owner needs to sign a boarding contract--which reinforces the fact that they are responsible for the horse's upkeep from there on out.



  12. #12
    Join Date
    Aug. 17, 2010
    Location
    Wisco!
    Posts
    214

    Default

    Quote Originally Posted by BeeHoney View Post
    You need a lawyer for this one, but it probably would cost you more than just paying the vet bill.
    Im not an attorney, and Im sure there are COTHers on here that are, but as a paralegal, this case would not be worth the money you will invest in all the attorney fees you would pay to take this to court.

    Terrible lesson to learn.



  13. #13
    Join Date
    May. 6, 2003
    Posts
    1,888

    Default

    You may want to contact a lawyer, but if I recall correctly horses sold on payment plans belong to the original owner until all payments are made. Generally speaking, arrangements for vet and farrier services (and who will be responsible for them) are put into the sales contract in order to avoid situations such as yours. Agree with the others -- most likely this is your vet bill.

    Sorry about the horse.
    According to the Mayan calendar, the world will not end this week. Please plan your life accordingly.



  14. #14
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
    Posts
    1,199

    Default horse

    Yep, I am screwed----I screwed myself? Time for a drink. Done. At least I did not let the horse suffer. Couldn't do that. This guy is good cause in his opinion "the horse is not in his barn so it's not his". I should've charged him board. He asked me if I had been accumulating board on the horse to charge him with and I said "no" --------I thought that odd. No wonder he'd been putting off picking up the horse. But again, on Tuesday, he was gonna pick it up this weekend. And if I did pursue this I would not get an attorney involved.

    I am screwed. And sad. And over it all.



  15. #15
    Join Date
    Mar. 3, 2010
    Location
    Georgia
    Posts
    1,523

    Default

    I'm sorry! I do think letting it go at this point is best. Virtual hugs to you, this must suck in so many ways.
    "Rock n' roll's not through, yeah, I'm sewing wings on this thing." --Destroyer
    http://dressagescriblog.wordpress.com/



  16. #16
    Join Date
    Aug. 17, 2004
    Location
    Rixeyville, VA
    Posts
    6,782

    Default

    How much money are we talking about here? It's not clear to me if the OP is seeking the balance of the sales price or just the vet bills.

    On the sales price, the contract SHOULD include language regarding what happens when payments are not made. My guess it does not. When I do an installment sale, the horse stays with me until completely paid for. The buyer signs a board agreement which details what they will cover for vet and farrier service. I generally comp the board as my installment period is very short. I also require mortality insurance with major medical on the horse, so there is no issue about vet care.

    I think a quick consultation with an attorney or paralegal on installment sales would be appropriate.

    And I am sorry that the OP had to go through the loss of this horse. That's always difficult.
    Where Norwegian Fjords Rule
    http://www.ironwood-farm.com



  17. #17
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
    Posts
    1,199

    Default horse

    The original agreement was supposed to be a finalized/completed deal in approx a week. It did not get done in a week. He was lagging on getting the trailer welding done. And lagging in getting the horse to his barn (smart move on his part). So I did not go into the usual stuff that would be on a sale terms agreement, etc and this is another good lesson in DON'T DO BUSINESS WITH FRIENDS/ASSOCIATES. And I am going to get my trailer after I feed in the a.m. Gotta deal with the vet in the a.m. also.



  18. #18
    Join Date
    Nov. 26, 2001
    Location
    Nashville, TN USA
    Posts
    1,199

    Default horse

    So he just called me and says he's gonna finish my trailer tomorrow (Mon) cause he wants to do that for me and we'll talk on Tuesday when I pick it up. I will play nice and listen to what he has to say on Tuesday. BTW, I'd be happy if he'd just pay the vet bill. I'll write off the loss of the horse. RIP Vigor's Endeavor AKA Noche



  19. #19
    Join Date
    Nov. 28, 2011
    Location
    North East
    Posts
    110

    Default

    Quote Originally Posted by nashfad View Post
    I had the horse humanely put down-----tranq and a bullet. I would not let him stand and rupture. Nor could I afford the long term tx it would involve to "maybe" save him.

    So, who owns the horse?
    Isn't there a more humane way to put a horse down?
    I'm from a different region and we don't shoot horses.



  20. #20
    Join Date
    Mar. 19, 2010
    Posts
    332

    Default

    Quote Originally Posted by Angry Bird View Post
    Isn't there a more humane way to put a horse down?
    I'm from a different region and we don't shoot horses.
    A lot of people consider shooting to be more humane than lethal injection given by a vet.



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