T.R | Title | User | Personal Name | Date | Lines |
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633.1 | | HERMES::GILL | | Thu Jun 30 1988 14:57 | 14 |
| I'm not sure where to find the answer to that one, possibly a lawyer.
I would think that he wouldn't have to accept the horse because
that is not the condition in which he bought her. However, because
he took the horse, it might mean he was willing to accept her in
that condition making the previous owner not liable for damages
incurred. Also, because he waited for a week to pick up his goods,
it could be looked upon that the previous owner was not liable for
what happened to the horse after the sale transaction. I am suprised
that he waited so long to pick up the horse. After the sale was
made, essentially the care and condition of the horse is the
responsibility of the new owner, and not the old. Sounds to me
like a good case of tough luck on the part of the new owner.
stephanie
|
633.2 | Status Report Please... | SHRFAC::CARIBO | | Wed Jul 06 1988 13:02 | 19 |
| Re 0: I'm not sure what the right answer is but I certainly would
look into it further.
How is the horse doing now? Is there permanent damage?
Re 1: Stephanie I think that you should go back and re-read the
first message. From what I got out of it, the people had agreed
that they would deliver the horse to the man that bought it.
Then the people tried to hide the fact that she had hurt herself
badly. Not a scratch as the previous owner stated. I would
think that there would definately be something that could be
done.
Just my .02 cents worth,
Lorna
|
633.3 | | DYO780::AXTELL | Dragon Lady | Thu Jul 07 1988 12:02 | 19 |
| Honey is doing pretty well. We've been soaking/cleaning the cut
twice a day and keeping is bandaged up until yesterday. I've
been treating it with a mixture of furacin and MSG (you know,
"Accent"). This sounds gross, but the MSG works like Granulex
to eat away necrotic tissue. The MSG seems to work better, though,
and it's certainly cheaper. What was a disgusting infected lump about 2
inches thick and 3 inches long is now about 1/2 inch high and almost
healed over. Her temperature is also back to normal.
She will have some limitation of movement in the injured leg, but
since she's pretty old and will be used for occasional easy rides
with a kid, this shouldn't be a problem. This horse is so sweet
I wouldn't send her back if I could.
Thanks for the help.
-Maureen
|
633.4 | | HERMES::GILL | | Thu Jul 07 1988 13:47 | 19 |
| Re 2: Lorna, I think that you should go back and re-read my answer.
I totaly understood that the previous owners agreed to deliver the
mare. However because the mare was hurt on the farm before delivery
and after the sale, a court might tell the new owner tough nuts.
Yes the previous owners were probably embarrassed that the mare
got hurt, however, if money transaction was not hinged upon safe
delivery ie. money handed over upon arrival of the mare, than the
the new owners would be said to have assumed the risk of keeping
the mare on the previous owners property under their care (assuming
that gross negligence was not the cause.) The previous owners are
at fault too for not alerting the new owner of the injury. It sounds
like Maureen is giving care that maybe if done sooner could have
let the mare have totel movement of the leg.
Sorry if I was not clear.
regards,
stephanie
|
633.5 | | DYO780::AXTELL | Dragon Lady | Thu Jul 07 1988 14:42 | 16 |
| I'm not sure that the time of payment will govern who was
responsible for the prior to her delivery. Part of the
"contract" was that the mare would be delivered the day
after she was actually purchased. Since this was not done,
the agreement could be considered void. Also, since the
previous owner did not exercise reasonable and customary
caution, nor did she call a vet or inform the new owner
so that he could determine if the vet should be called, I
think a case for negligence could very easily be made.
In industry, it is common to pay for things, prior to delivery.
The customer reserves the right to decline acceptance of
unsatisfactory goods. Perhaps this applies here?
-maureen
|
633.6 | could it be | SWAM2::MASSEY_VI | | Mon Jul 27 1992 18:22 | 7 |
| I have a question that is totaly off the subject. What kind of horse
is Honey? I had a horse of that name, she was a Foxtrotter. She
didn't look like on though. We had to sell her because she wouldn't
gait good enough for showing. Just wondering.
virginia
|