Verbal agreement in small claims court

[K. Jackson]

What is the name of your state? Colorado

I had a verbal agreement with a person to purchase my horse for $2500.00. The horse was at her home so she could make sure her daughter got along with the horse. She asked if I would let her pay for him a week later because she didn't have the money until then. I agreed to wait. During that week the horse jumped her fence and hurt his back legs. Now she wants me to take the horse back and states that we never had a written contract for the purchase. Prior to telling me she wanted to buy him she told our mutual horse trainer and riding instructor that she was going to buy him. Do I have a case that I can win in small claims?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Colorado

I had a verbal agreement with a person to purchase my horse for $2500.00. The horse was at her home so she could make sure her daughter got along with the horse. She asked if I would let her pay for him a week later because she didn't have the money until then. I agreed to wait. During that week the horse jumped her fence and hurt his back legs. Now she wants me to take the horse back and states that we never had a written contract for the purchase. Prior to telling me she wanted to buy him she told our mutual horse trainer and riding instructor that she was going to buy him. Do I have a case that I can win in small claims?

My response:

All because the horse jumped a fence and injured itself, doesn't mean that the woman was negligent. A "gratuitous bailment" was created when you allowed her to care for your horse. That means, only "slight care" (as concerns a horse) would be necessary; e.g., to coral or stable the animal. Since she did coral the animal, she appears to have satisfied her duty to you and the horse.

So, I ask again, where's her "negligence" that would make her liable for any vet bills and/or the value of the horse?

IAAL

 

[K. Jackson]

My quesion was because she already agreed to buy the horse and then decided not to after he got hurt at her place can I hold her to the agreement to buy?

 

[I AM ALWAYS LIABLE]

My quesion was because she already agreed to buy the horse and then decided not to after he got hurt at her place can I hold her to the agreement to buy?

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My response:

No, you didn't have a contract. Remember, her purchase of the horse was contingent upon whether "she could make sure her daughter got along with the horse." If her daughter couldn't "get along with the horse", then the horse would have been returned to you, and the parties would have gone their separate ways - - at least, that's her defense to any action you might file.

But, you may as well file your action anyway, and "spin the Wheel of Fortune."

IAAL