Legal Question in Civil Litigation in Georgia

Georgia Equine Laws - Seller Refusing to Complete Horse Transaction

Miss X offered to sell me one of her horses. She asked for 3 installments ($300/$300/$200). I paid the 1st check on 8/18/05, 2nd on 8/28 and 3rd on 8/29. She has not cashed any of the checks & did not give me a Bill of Sale. When I wrote the checks, I accidentally spelled her last name wrong (''dle'', not ''dall''), but she has not commented on that.

She is now telling me she regrets selling me the horse (horse still kept on her property). I'm not doing anything wrong; just not ''her'' way.

She gave me 3 choices:

1. Give the horse back to her & she'll return my checks

2. Do what she tells me to do in regards to the horse

3. Move the horse from her property.

In exchange for board, I do labor for her (I have already been working off his board). No contract was signed between us. She said if I wanted to move the horse, I had to give her 30-days notice before I moved him.

The only ''proof'' I have that she sold me the horse, is on the Farrier Bill, which states ME as the Owner.

1. Do I have any claim to this horse (even though she hasn't cashed the checks, she's been paid)?

2. Can I move him w/o giving her 30-days notice since no contract was signed?

I just want my horse and I want to move him.

Thanks!


Asked on 8/31/05, 6:57 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Georgia Equine Laws - Seller Refusing to Complete Horse Transaction

You may have a case in small claims court but it might not be worth much. Your measure of damages is the difference between the contract price of $800.00 and the value of the horse. Unless the horse is worth a good bit more than $800.00, it might not be worth pursuing. Also, you can file suit in Superior Court to compel her to complete the transaction. However, as you noted, proving your case may be difficult. Consult with a local attorney.

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Answered on 8/31/05, 3:57 pm


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