Legal Question in Appeals and Writs in Ohio

Rightful animal ownership

Over 12 monthes ago I was given a horse by a gentleman who stated he could no longer care for it. No money exchanged but also there was no bill of sale or any papers. Now this man calls and says the horse was origionally belonged to his son he would like it back or will we pay the son $900.00. We are devistated. with boarding cost all the Vet. fees and other Equine needs we have several $1000's our horse. My question would be is there anyway for us to keep the horse and if I would have to give her back could he bill him for the expenses we have occured such as boarding and veterinary cost. Thank you for your quick reply, Tammy


Asked on 8/06/03, 5:54 pm

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Re: Rightful animal ownership

Learn from this to always get things in writing and signed by the other party. That does not mean your out of luck though. You can definitely recoupe your expenses for maintenance and upkeep of the animal. There is a good chance that you could even keep the animal. The son would have to go after his father for conversion and the price of the horse. There is a doctrine in contract law that basically says that although there was not a written agrrement, the actions of the parties are evidence of the agreement itself. ie: why would you have taken the horse, cared for it and maintained it if you were not going to receive anything out of the deal. But you may have to pay for the value of the horse at the time it was given to you.

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Answered on 8/07/03, 11:12 am


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