Legal Question in Civil Litigation in Illinois
I purchased a horse on-line from a you tube video. I spoke with the owner and asked him several questions. Mostly was he healthy and sound. The owner assured me he was and on video he looked great. The horse was 500 miles away so the owner and I met halfway. The owner put him in my trailer saying he had 5 more horses to deliver and in a big hurry. I told him my Vet was checking him the next day. He told me horse was guaranteed. Well to make a long story short, the horse is full of arthritis and lame. He also had feet problems. For two days I was unable to contact the owner. I had the check stopped and left messages that he misrepresented his horse and to come and get him. The owner finally called me and told me to bring him back. I cannot take another day off work and travel 10000 miles that would cost me at least $300.00 in fuel plus the $100.00 Ive already paid for the vet check. The owner is saying that I stole his horse and unless I bring him back he will have me arrested. What do I do?
2 Answers from Attorneys
Theft requires taking another's property, without their consent, and with the intent to permanently deprive the owner of the property. The horse owner in this case willingly gave you the horse prusuant to a sales contract (verbal). The police would view this as a civil matter. If the horse is in as bad condition as you say, the horse owner likely knew about it in advance. However, if he intended to deceive you, I wonder why he took the risk of accepting a check that you would, in turn, place a stop payment on. I would ask to see recent vet rcords for this horse. If he refuses to provide them, then stick to your guns and have him get his horse. If you get vet records and they don't show arthritis or lameness and they are current records, I would say this was an honest mistake. I would offer to split the charges with him and return the horse.
I also agree that you should make an effort to split the costs and make rapid efforts to return the animal. Currently, you have someone else's property and have not paid for it. You were going to incur the vet charges regardless and it appears money well spent. Missing work is a poor excuse to not return the horse. I recommend you make arrangements as soon as possible to get the horse back to the owner.
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