The first post states that there was a contract signed by the OP. Barn owner is now saying she didn’t sign it herself so the contract isn’t valid and she owns the pony. Which isn’t really how contracts work.
3 Likes
Right, written contracts need to be signed by both parties, otherwise there is no written contract. Verbal contracts exist, which is apparently what they have because somehow the trainer ended up with the pony. So, if there is no written contract stating the OP needs to give 6 months notice, then I agree with the people who are saying Go Get The Pony.
1 Like
No signatures by both parties equals no contract. Unfortunately, my guess is now that the trainer knows the horse is going, that it’s already been relocated or sold on, and it may not even be that recent unless OP has actually seen the horse since leaving the barn.
1 Like
Verbal contracts exist.
3 Likes
OP, I’m late to the party but I hope you went and got your horse!!!
2 Likes
No, it equals no written contract. Rather large difference, that.
G.
3 Likes
but if OP was under the age of majority at the time this “contract” was entered into it is not binding
OP stated they entered into this contract some 8.5 years ago when they went to college therefor there is a possibility they were under 18
1 Like
OP hasn’t been back in some time, I think she abandoned the thread. I hate when that happens!
9 Likes
I hope you got your pony OP… Please come back and let us know what happened.
5 Likes
Is a volly of texts nowadays considered a contract? They have proof in the form of the phone numbers who the parties involved were. I keep my old phones for years texts and all, just in case I break the active phone and need a backup. The phone can’t make calls but the texts are still there once it is charged up.
Perhaps that is the OPs unsigned contract.
2 Likes
I hate it when people get others involved in their problems by asking advice and then don’t offer a conclusion.
8 Likes
No actually, because there is no proof the owner of the phone sent the texts. It could have been someone playing on their phone. I have heard this excuse and IMO, if it’s enough to get out of a criminal charge then it is probably enough to wiggle out of a civil issue as well, even though burden of proof beyond a reasonable doubt is a short ruler to use 
not abandoned she will be back in 8.5 years, I think
6 Likes
Not necessarily. In some jurisdictions a minor’s contract is void but in others it’s voidable at the option of the minor when they reach their majority.
1 Like
I was hoping for an update!
1 Like
Hi all, OP here. Sorry it’s been so long, been being very careful. I have my pony in my possession. She is doing well and getting spoiled. The trainer I mentioned threatened police involvement for theft and tresspassing, but as of now I have not been charged with anything. She has made quite the spectacle on social media, implying many things and allowing others to believe lies. I’m still working with my attorney, but am very happy to have my pony and give her the care she deserves and needs. Thank you all for your insights!!
38 Likes
Glad it worked out for you. “Possession is 9/10’s of the law.” Trainer can bit** all she wants now that you have the pony it is irrelevant IMO!!
2 Likes
Congratulations! And good sense to keep your lawyer involved.
Have you got grounds for slander? Or libel? That may scare her silent!
2 Likes
Great news! If the BO sues you, countersue and demand punitive damages and attorney’s fees. Ream her if she keeps up attacking you thru social media.
This is a learning experience for you. Never trust anyone unless you have everything in writing, signed and consideration given. This is why I went to law school, because people are venial.
3 Likes
Glad you have possession of the pony. The rest will subside in time. Stay cool, stay above the fray. Don’t respond on social media.
I had a near miss with this situation once. Old student contacted me at my new barn, asked if I wanted to part lease/part board their pony. (Older teen didn’t want the full responsibility; wanted the occasional trail ride.) I did, I needed a school pony. Pony arrives, and after a few blips getting him settled in, turns out be the most awesome ever.
Teen goes away to college. Family asks if I want to keep the pony. Why, yes, yes I do, because he’s amazing and a wonderful part of my program.
Years later, I am moving barns. And taking my horses, including fab pony, with me. Leaving previous barn without much in the way of school horses.
BOs gently inquire if perhaps the pony owners (not The Pony Owner ;-)) actually gave the pony to the barn, not me.
BOs actually went to the trouble of locating the pony owners and asking. Fortunately, pony owners were very clear that their intent was to leave him in my care, regardless of the facility I was working out of.
Decided to move pony immediately just in case that wasn’t enough.
What’s amazing about this story is that NOTHING was in writing. No bill of sale, nothing. And that everyone involved behaved like grown ups. Could have been a disaster. But still glad moved the pony when I did.
13 Likes
