Will be interesting to see how this plays out:
Trainer Fee When Horse Sold Argued in KY Supreme Court
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It’s an interesting question. In this case, I think it might depend on what the trainer and the owner had in writing.
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If they had anything at all in writing. If a case for an implied contract could be made. Or – not.
A brief read of the article says that it turns on the interpretation of a unique KY statute which requires fees to a trainer upon sale to be covered by a written agreement. In this case, there was no written agreement but the trainer says it was training fees owed and not a sales commission.
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I think without a written contract, the trainer will lose. It will be easy to prove that he was paid a “commission” for each of the horse’s placings in races. He earned that commission as trainer of the horse. When the horse is sold, the sales company …was it Fasig Tipton?..earns 5% as the seller of the horse. I dont think having developed the horse is a good argument, otherwise the people who broke the horse, the vets, the exercise riders, could all have their hands out in development of the horse.
