Legal Question in Business Law in New York

No written contract

My boyfriend told an associate he would buy a horse from him. They did not have anything in writing. I was given information about the supposed cost of the horse from my boyfriend. He told me originally the cost of the horse was $4000 minus the training bill for the horse when we started taking care of it. My boyfriend originally took the horse to train it for the associate, so the horse would race each week. The horse ended up having some lameness problems, so we sold the horse after I paid all the bills the horse incurred for about 9 months and the associate took the $1000 we sold the horse for off of a training bill of another horse we took care of for him. My boyfriend would tell me at different times throughout the 9 months that the horse was almost paid for or he was paid for, because the associate kept telling him different things depending on what day it was! My boyfriend and the associate no longer have a business relationship. I paid a lot of money in care and other bills for a horse that was never in my name. Do I have any recourse?


Asked on 2/17/08, 9:45 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: No written contract

You can sue your boyfriend, as it seems he may have defrauded you. You see you have no privity with the horse seller, and it seems that you were not anything but an investor in your boyfriend's horse.

The chances are that your boyfriend has nothing to take and he probably will not sue the horse owner.

You have learned a valuable lesson, a fool and her money are soon parted.

You must not only get things in writing, but you should have a lawyer always look them over.

If the amount you lost was no big deal then I guess the 200-500 it would have cost to have a lawyer write up a contract is not worth it. As soon as the money is too much to lose however, get to an attorney. Otherwise be prepared to lose a lot more money over your lifetime.

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Answered on 2/17/08, 11:35 pm


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