Legal Question in Civil Litigation in California
Sale of Merchandise Currently involved in lawsuit
re a suit to return a horse after purchase. suit is still in progress and upon production of doc's find out the folks who purchased the horse and sued b/c they did not like the horse, have sold this horse. Does this mean the lawsuit is over? They sold him for 1/3 of what they paid and the ledger sheet shows expenses while they had him in their care.
2 Answers from Attorneys
Re: Sale of Merchandise Currently involved in lawsuit
No. If they feel you cheated them on the deal they can maintain a suit for the amount of money they lost, minus the amount they recouped in the sale, plus any costs they incurred while they owned the horse.
There is no reason why the buyers should have to keep (and feed, and house, and exercise, etc.) a horse they are dissatisfied with while the lawsuit is pending.
Selling the horse was an appropriate way for them to mitigate their damages because it enabled them to cut their costs and recoup a portion of their loss. Depending on how they found their buyer and set the price, the fact that they were only able to get 1/3 of what you charged may help them prove that you cheated them.
Re: Sale of Merchandise Currently involved in lawsuit
It is not over until they or the court dismisses the case. They probably are still pursuing money damages. If you need an attorney to help, contact me.
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