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Do I have to return deposit/breach of contract?

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P

porzky

Guest
A woman bought a horse from us on June 5, 2001. She put down a $400
deposit on the $1600 horse. I gave her a receipt for the deposit, on
which I stated that full payment was due when horse was picked up. I
signed it. We did not hear from her again, until June 26. She told us
she was having trouble arranging transportation to her farm 5 hours
away. On June 28, she left a message on our answering machine that a
man was coming to pick up the horse, she was going to be out of town so
we couldn't reach her, we were supposed to call him to give him
direcions, and that the check for the rest of the payment was in the
mail. I sent her an e-mail message that the horse couldn't be picked up
until it was paid for. On July 2, she wrote me and told me that she
must have been naive in setting up that arrangement and put a stop
payment on the check. We never did receive the check in the mail. On
July 10, she sent a message that the post office returned her check
because of insufficient postage. My husband, on July 11, offered to drive
the horse to her farm. She wrote back, saying she did not want the
horse anymore. My Question is; do we have to return the $400 deposit?
We have been unable to sell the horse because we were holding it for
her. We have also taken full responsibility for the feed and medical
care of this horse for the last 6 weeks.
(P.S. though she didn't sign the receipt, she was given a copy of it. My
signature was on it.)
Thank you very much,K Porzky, Wisconsin

[Edited by porzky on 07-15-2001 at 05:55 PM]
 



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