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Contracts Keyed to Ayres
Howard E. Bailey v. Richard E. West
Citation:
105 R.I. 61.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Defendant (West) purchased a horse from another party uninvolved with the lawsuit. However, the horse arrived lame, and the Defendant tried to reject the horse by sending it back to the seller. The seller refused to accept the horse, so the Defendant’s trainer sent the horse to the farm owned by the Plaintiff (Bailey), where the Plaintiff housed and fed the horse for four years. Early on, the Plaintiff sent a bill to the Defendant for the expenses, Defendant responded in a few months that he was not the owner of the horse and was not responsible for sending the horse there. Importantly, the trial judge also believed that the Defendant’s trainer had told the Plaintiff at the initial boarding of the horse that the Defendant would not be liable for any expenses as the Defendant did not own the horse.
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