# Breaking contract



## Speed Racer (Oct 21, 2009)

Talk to a lawyer. We can't tell you whether or not she has a case, as we're only hearing one side of the situation.


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## TessaMay (Jul 26, 2013)

I agree you should talk to a lawyer. Does the boarding contract you signed say that she had to build the shelter by X date or what she could and could not feed the horse?


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## churumbeque (Dec 20, 2009)

Hopefully you took pictures and documented evrything. My guess is a small claims and two small amount to really spend money on a lawyer just tell the truth and get your proof and witnesses


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## Shoebox (Apr 18, 2012)

Did she break contract first? Was it in the contract that a shelter had to be provided? Was the hay quality written in (and do you have proof it was moldy?) If yes, than she broke contract first and then all bets are off - you had a right to move. Contract has already been breached by her.

If it wasn't written in, then yes, she does have a case, since quality hay and a shelter were never promised and you broke contract. You would have a countercase because of the safety situation, I think, though.

Either way I'd talk to a lawyer for sure, we're just a bunch of strangers on a forum.


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## Tazmanian Devil (Oct 11, 2008)

Valerie90191 said:


> I broke my boarding contract because the stable owner was feeding my horse moldy hay. She also did not build the three sided shelter she promised. She is now suing me, does she have a case?


Whenever there is a difference of opinion, there is a "case." Resolving disputes is what why we have a civil court system.

Usually, a lawyer will agree that you have a case. Of course, that depends on how much money is involved. 

Usually, smaller monetary amounts end up in small claims court. Many people do not use a lawyer in that court and the rules are considered more "relaxed" compared to a regular court.

You can only sue for damages. From the information given, it would be hard to believe you are being sued for anything but board owed. Even at that, the barn could really only hope to collect lost income, which is less that what you were supposed to pay (if board is $500 and it cost them $300 to keep the horse, then they could expect to collect $200). Of course, anything can happen in court.

Did the stable file in small claims court? Even if your contract was for a full year (most are month to month with a 30 day notification clause) it would still fall inside small claims limits in most places.

Either way you should speak to a lawyer. Only a real lawyer in your area can properly advise you on the best course of action. Only a real lawyer can give you real legal advice.

If it does go to court, you will either end up settling on an amount or the judge will order a settlement. From the very limited information here, my guess is you are both a little wrong.

Moldy hay... can you prove it? Did you notify the stable (in writing)? Did they respond to your complaint? Did you give them an opportunity to rectify the problem? Did your horse suffer any ill effects from the hay? Did you incur vet charges? Did you call a vet to verify that the hay was moldy? Was the hay in question actually harmful to the horse and can you produce an expert who will back you up on that?

Shelter... is it in the contract? Is a time frame for building it specified? Did you notify them in writing of your intention to move due to their breach of contract? Did you give them opportunity to rectify the situation (and prove you did)? 

Did you try to work this out with the stable prior to leaving?

I am not asking for the answers, only trying to point out the type of questions that will likely come up if the legal route is pursued. Remember that both sides are always sure they are "right."

Again, if you were actually sued (served papers) you need to talk to a lawyer who can properly advise you on your next step.


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## Valerie90191 (Oct 31, 2013)

Thank you for all the responses. Yes she is taking me to civil court for $200 which was my monthly board. Yes I have pictures of the moldy hay. No I did not give her a chance to rectify the problem. The building of the shelter was verbal not in the contract. I live in Maryland and in Maryland you are required to have a boarding license if you board five or more horses. The barn does not have a license and she is boarding about 20 horses. To me illegally boarding horses would make the contract void. Everyone else provided their own hay except my friend and I, the barn owner provided ours.


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## tlkng1 (Dec 14, 2011)

Uhm...just out of curiosity..why would you board at a place you knew was not licensed for boarding and in turn doing so illegally?

Even if you found out after you signed the contract, the fact that you still continued to board there instead of breaking things right then and there on basis of misrepresentation (alleged legal boarding when in fact it was not) is going to be a question that also comes up.

I would imagine, given your statement here, the fact she is boarding horses illegally will also come up in court, which, in my mind, made it really dumb for her to take it to small claims..she could be facing much higher sanctions for her lack of license.


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## Valerie90191 (Oct 31, 2013)

I found out about the boarding law shortly after leaving.


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## tlkng1 (Dec 14, 2011)

OK...that sounds better ...she is still taking a chance bringing anyone into court though when she is already breaking the law. She may get your $200 back only to have to pay out much more than that in fines..and the potential loss of her current boarding posture as well as restriction for a time from being allowed to board again.

I won't sign a boarding agreement that doesn't give me an out, for any reason, with a standard 30 days notice though admittedly, unless there was some serious safety issues, I wouldn't break the 30 day notice so board would be paid and received in full.


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## Tazmanian Devil (Oct 11, 2008)

Valerie90191 said:


> Thank you for all the responses. Yes she is taking me to civil court for $200 which was my monthly board. Yes I have pictures of the moldy hay. No I did not give her a chance to rectify the problem. The building of the shelter was verbal not in the contract. I live in Maryland and in Maryland you are required to have a boarding license if you board five or more horses. The barn does not have a license and she is boarding about 20 horses. To me illegally boarding horses would make the contract void. Everyone else provided their own hay except my friend and I, the barn owner provided ours.



All this over $200? 

Here is my GUESS. You will go to small claims court. The boarding license issue will come up and the judge will probably not care since it has little relation on the case. (You agreed to pay $200 then you left and didn't pay it.) The shelter being verbal will be your word against theirs - meaning it will not count for anything. Either way, it wasn't part of the contract so has no bearing on the $200 owed.

It all comes down to the moldy hay. You had a problem and broke the contract instead of trying to work it out. Judges usually don't like that. Most will feel that people should try to resolve their own disputes before wasting a judges time.

Again, its a guess, but I would bet it will end one of a few ways:

1. You will lose and pay the $200
2. You will lose and pay part of the $200
3. You will lose and pay the $200 PLUS their court costs.

Of course, I am not a lawyer or judge and have very little information to go on. This is just an educated guess.

My .02 - pay the $200, get a signed release saying you are paid in full and call it a bad experience. 

If you want to roll the dice, hope that the "People's Court" (or similar) folks find and pick you. Then the producers pay the judgement and you get to be on TV. 



The only thing you can do to "get even" is to report her to the correct authorities for not having a license. A small claims court has no real power to enforce that code or penalize someone for it. You need to go to the town/county/state and complain. That will get someone out there to do something and levy the appropriate fine.


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## Tazmanian Devil (Oct 11, 2008)

tlkng1 said:


> OK...that sounds better ...she is still taking a chance bringing anyone into court though when she is already breaking the law.


Actually, she is probably violating a local code or ordinance. Not really a "law" with jail time. More like a parking ticket or failing to get a license for your dog. Also not the type of thing a small claims court judge will be able to enforce.

Don't forget that the BO may have an excuse for this. They may even have the proper license.

Think how bad you would look if you started telling a judge "they don't have a license" and then they say "sure we do." or "we don't need one because blah, blah, blah." The judge won't care and won't waste time on it because it is really immaterial to the case. It is a simple "I agreed to pay you $200 for a service and then changed my mind because you provided less of a service than I thought I was getting." Then, instead of working it out, you broke the contract and took off without paying.

Let's say you go into a restaurant and order some chicken. The dish comes and the chicken is - in your opinion - undercooked. You eat part of the meal (veggies, drinks, maybe even part of the chicken.)

What do you do next? 

1. Most people would call for the waiter or manager and complain. The restaurant would either make it right or you would tell them you are leaving and (most likely) not have to pay the bill.

2. On the other hand, if you just got up and walked out, they would probably call the cops because you ran out on the check.

From what has been written here, #2 seems closer to what happened. You can bet the BO will sell it that way.



I still say pay the $200, get a "paid in full" statement in exchange and call it a lesson learned. Then call the town and complain about the license.


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## Dreamcatcher Arabians (Nov 14, 2010)

I'm amazed the BO is suing for $200. I can't even imagine going after something so small and my board bill here for full board and care is only a little over $200! It's roughly $100 to file in Small Claims, plus the amount it takes to properly serve the person you're suing and then you have to spend your day in town at court .....My TIME is worth more than that. LOL! 

Show up in court with your proof of the moldy hay, bring in articles from Veterinary sources that talk about the importance of the quality and cleanliness of the hay, call your vet and get a statement of what an average emergency vet call for colic would cost you and show up in court on the day. If she shows up, you have some ammo to fight with, but I wouldn't be surprised if she didn't bother to show. For $200, REALLY? LOL!


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## TessaMay (Jul 26, 2013)

Honestly, I think she's probably going to threaten but not actually take you to court. As Dreamcatcher pointed out, $200 is not worth the effort. 

If it had been me in your case I would have left too, but I would not have shorted the board. No matter how bad the care, it was still what you agreed to pay and not paying it just puts you on a level with the BO.


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## Saddlebag (Jan 17, 2011)

My take is that you pay the $200 and look at it as a tuition fee for learning by your mistakes of not getting everything in writing. Don't go slamming any doors as history has a way of repeating itself and you may one day need to go back there. If she has to be licensed and isn't, you would be in essence firing her and taking away her income.


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