Legal Question in Consumer Law in Louisiana

I was given a horses over a year ago who the previous owner was considering euthanising the previous owner said the horse had advanced navicular disease and could hardly walk the horse has a restrictive shoe on called an eggbar shoe which did not help her condition. I agreed to take the horse to give her a chance to get better. there were no stipulations to the gift of the horse and I have had her over a year the horse is well now not taken a bad step in a year I have paid to have her cared for by my vet and ferrier visits monthly the horse is now fit and healthy and the previous owner wants her back. The previous owner says she can produce three witnesses to a conversation she said we had in which she says she told me no barrel racing and no breeding the horse. the conversation never took place. but she has had her attorney start legal action to take my horse from me can she do that can she legally take my horse. I have asked my vet and ferrier is she is fit and sound to breed and they both say she is.


Asked on 1/07/10, 8:04 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

While oral contracts are valid, your case shows the real problem with them. Without a written contract or written bill of sale, you end up with a he said she said situation. There is nothing to do but to argue your case in court and to offer any evidence and testimony to prove the existence of the oral contract. You need to find your own witnesses that heard the agreement, if you have any. Also, bring the documents showing how much you paid for the horse, etc., to show that you have actually been paying for the horse all this time and the previous owner has not.

Read more
Answered on 1/12/10, 9:32 am


Related Questions & Answers

More Consumer Law questions and answers in Louisiana