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Re: RC: Re: Buying a horse-general issues



My point was that even though the contract is breeched, what are you going
to take to court? The seller breeched and gave you back your deposit.  What
are your damages?  You go to court and the court says "Yep, seller breeched
the contract." What do you get (other than the satisfaction of pointing a
"breecher" finger at the seller)? Answer: whatever monetary damages you can
prove to a reasonable certainty.  You already got your deposit money back,
you might get awarded travel expenses if you actually went to pick up the
horse and it wasn't there when you arrived (you didn't know the seller had
sold the horse out from under you), you might even get incidental expenses
you incur in buying another horse (travel, vet checks etc.). In all
likelihood, it won't add up to much money. IOW, it's probably not worth the
trouble to go to court over a vet check bill and other incidental expenses.

In legalese, it's called "cheap contract"... easy in - easy out. Seller
breeches the contract, so what. In most cases, you just take your returned
deposit money and go lookin' for another horse and hopefully a more up-front
seller.

Kirsten


----- Original Message -----
From: <SandyDSA@aol.com>
To: <splash@dakotacom.net>; <Ridecamp@endurance.net>
Sent: Thursday, October 14, 1999 4:26 PM
Subject: Re: RC: Re: Buying a horse-general issues


> In a message dated 10/14/99 4:05:11 PM Pacific Daylight Time,
> splash@dakotacom.net writes:
>
> << For all practical purposes, all a seller has to do is refund the
deposit
> and >>
> Not if there is a written contract to the contrary.
> s
>


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