[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference noted::equitation

Title:Equine Notes Conference
Notice:Topics List=4, Horses 4Sale/Wanted=150, Equip 4Sale/Wanted=151
Moderator:MTADMS::COBURNIO
Created:Tue Feb 11 1986
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:2080
Total number of notes:22383

633.0. "Buying a Horse: Conditions of Sale" by DYO780::AXTELL (Dragon Lady) Thu Jun 30 1988 13:43

    The man up the road bought and paid for a horse last week.  The
    previous owners were supposed to deliver the horse the next day.
    A week went by and the horse never showed up, so he asked if I'd
    go pick it up for him.  Supposedly, the previous owners were
    too busy to drive her over.
    
    When we finally got her, she had this HUGE bandage around her
    foot.  The lady said it was just a small cut and got really upset
    when I insisted on removing the bandage to look at it.  The
    small cut is a festering, infected sore almost 3 inches in diameter.
    With proud flesh like I've never seen before - and I've seen
    enough of bad injuries to last a life time.  My friend decided
    to take the horse home anyway - just to get her out of there.
    
    My question is about the legal obligation.  Did he have to accept
    this horse?  Especially since I'm not too sure he's not going to
    have to put her down.
    
T.RTitleUserPersonal
Name
DateLines
633.1HERMES::GILLThu Jun 30 1988 14:5714
    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
633.2Status Report Please...SHRFAC::CARIBOWed Jul 06 1988 13:0219
    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
    
633.3DYO780::AXTELLDragon LadyThu Jul 07 1988 12:0219
    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
    
    
    
633.4HERMES::GILLThu Jul 07 1988 13:4719
    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
    
633.5DYO780::AXTELLDragon LadyThu Jul 07 1988 14:4216
    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
    
633.6could it beSWAM2::MASSEY_VIMon Jul 27 1992 18:227
    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