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  Discussion on Breech of verbal agreement/work in exchange for horse
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Posted on Wednesday, Jul 14, 1999 - 8:31 pm:

This girl was suppose to show my stallion and a mare in exchange for horse. I stupidly let her take the horse ahead of time. She only showed the mare once. Trial did not go well. The girl lied in court (even said she was on the USET in 92 & 96). She countersued for training the horse, board, farrier, vet, tack, etc. over $8k. All I wanted her to do was pay for the horse or give it back. It was a Dutch/Tk blk mare. I was asking $3500. Found out the day of the trial that attourney fees are not recoverable. I know I discussed this with my PA in the beginning, he denies (says he wouldn't have said that). I've already spent $2K. Anyone know of cases similiar? The lawyers have to submit a report on how the legalities should be before he rules, then if he has any questions each lawyer has a chance to answer.

Posted on Tuesday, Aug 3, 1999 - 11:36 am:

It would depend upon the laws where you live. I'm not sure I completely understand what happened, but written agreements are so much better then verbal. The attorney's fees are gone. YOu might want to decide how much this is worth to you and either pursue it farther or put it down to one of life's hard lessons.

Teresa

Posted on Tuesday, Aug 3, 1999 - 1:01 pm:

Thank you Teresa A!!! I am in IA, I was told by an x-PA in Canada that sometimes the judge can award attourney fees to the winner. Can I still appeal if the judge awards me some but very little and not what I asked? He did do something very unprofessional that I think could be enough grounds for appeal. If I appeal, can I ask then for the appealing attourney fees to be awarded? She came out a few times but nothing she did was of any value except showing at one show. I was teaching her more than she was teaching me and I was willing to keep working with her, but she quit coming out.

Posted on Tuesday, Aug 3, 1999 - 1:15 pm:

also, if I proved she perjured herself by saying that she rode on the USET could that effect an appeal or the verdict in this court? How bout even after the verdict is passed down? Yes, this is a hard lesson, but I would give anything I could to get that horse back from this unscrupulous person. I will never have an unwritten agreement again and I will add to my written agreement about attourney fees, you can be sure!!

Posted on Wednesday, Aug 4, 1999 - 6:27 am:

I am afraid all this will have to be answered by someone familiar with IA and possibly even your local laws. It would seem to me that if you could PROVE she lied about one thing it would reflect on her veracity. And it also seems to me that when arguing a verbal agreement the veracity of the individual would be an important consideration for the judge.
DrO

Posted on Thursday, Aug 12, 1999 - 12:05 pm:

In case you're interested, I lost the case (at least I consider that I lost it). The judge said her services were worth $1152 and he said the horse was worth $1200 and that I would only be able to sue for monetary damages anyway, so she gets the horse. She got nothing on the countersuit. Now, I have a big attourney bill for nothing. I can't stand the thought of her getting that horse. Most of what she said in court was lies, and my daughters testified that she only came out a few times, and did not do much work when she did come out.
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