Wild horse spurs suit against Texas farm

20 08 2006

By Chris Dickerson – Winfield [West Virginia] Bureau

WINFIELD — Wild horses couldn’t drag a Hurricane man away from filing this lawsuit.

In fact, a wild horse is exactly why David Young filed a lawsuit against a Texas horse farm.

Young filed the suit July 31 in Putnam Circuit Court against Kelly Frost and Frost Farms.

On Sept. 28, 2004, Young bought Crystal’s Day, a chestnut Quarter Horse Mare, from Frost for $2,750.

“The purchase of said horse was predicated upon the defendant’s reputation and advertisement in AGDirect.com, wherein they stated that Crystal’s Day was quite (sic) to ride, had no bad habits or vice, nice enough to raise a fancy show baby, great disposition, loves people and is ‘super broke,’” the complaint states. “Defendant also advertised that said horse was suitable for the following activities: barrel racing, English pleasure, pole bending; breeding; hunter under saddle; competitive trail; and pleasure driving.

“Defendant further claimed that Crystal’s Day was trained for the following: show, trail horse; western pleasure; add, youth horse.”

However, Young says the horse did not arrive from Cleburne, Texas, as advertised.

Upon delivery, he discovered the horse possessed characteristics “that were anything but those described and represented in defendants’ advertising and words.”

“Said horse was uncontrollable and not able to be ridden, especially by children,” the complaint states. “Crystal’s Day has shown herself to be essentially unbroken, wild, destructive, violent, of foul temperament, and generally unsuitable for all activities described in the defendants’ advertising and representations.”

Young says he has incurred fees for the transport and delivery of said horse in the amount of $638 which was payable upon Equine Express.

He seeks an order finding the defendants have breached the contract regarding the sale of Crystal’s Day, that he be granted judgment in the amount of $5,000 plus pre- and post-judgment interest, including purchase price, transport costs, reimbursement of boarding costs and all other costs and fees associated with maintaining said horse; reimbursement of costs of a saddle and bridle destroyed by said horse; court costs and fees, including attorney fees, pre- and post-judgment interest and other relief.

Young is represented by attorney Shawn D. Bayliss. The case has been assigned to Circuit Judge Ed Eagloski.

Putnam Circuit Court case number: 06-C-252

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(I’m actually surprised that this doesn’t happen more often)

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22 responses

20 08 2006
barngoddess

I agree with you, I am suprised this does not happen A LOT more. I am wary of buying ANY horse sight unseen.

20 08 2006
defrostindoors

Btw, the story becomes much more interesting if you imagine John Cleese reading out the legal stuff. ;)

20 08 2006
COD

Having just brought our first horse home this weekend, I can’t imagine buying a horse wthout personally inspecting it. There were times I wasn’t sure we were looking at the same horse (or the same farm) that was depicted in the ad.

21 04 2007
The law is an ass « Bridlepath

[...] Wild horse spurs suit against Texas farm [...]

16 11 2007
donna

I also bought a horse from kelly frost which 2 days after i had it became lame i had it xrayed it had navicular. she said it was perfectly sound when it left and offered me half my money back which i never got, i contacted a lawyer they wrote her a letter but never an answer 1 year later it is dead from kidney failure from all the bute it was on prior to me owning it it was only 5 when it died i have farrior bills that cost me 250.00 every six weeks trying to get him sound if you refer me to someone that can get me my money i would appreciate it.

5 10 2008
DOGGLUVER

THANK-You for the postings on Frost Farm. I was just considering buying a horse from them. After reading this info, I would not deal with them. You saved me a lot of sorrow and some money.

1 11 2008
Kelly Frost

This is Kelly Frost from Cleburne, Texas. You should know that the so called lawsuit filed by David Young was dropped by the court. The horse he purchased was a very nice mare. I have sworn affidavits from the original owners and 3 other people about what a nice gentle mare she is. I also received an e-mail from the lady in West Virginia who purchased Crystals Day from David Young telling me what a nice gentle well trained mare she is. She purchased her from a cow sale David Young had sent her to and she told me the mare was about 400 pounds under weight and looked like walking death.

1 11 2008
Kelly Frost

The lady that wrote about the navicular horse wasn’t quiet truthful. It was not 2 days later that the horse became lame, it was a couple of months. Her daughter was showing the horse in western pleasure. She chose to purchase the horse without any kind of vet check so when she contacted me I told her I would trade her something else of equal value and she said she wanted to keep the lame horse. And as far as the horse dying she told me she gave the horse away to her vet for a friends child to ride. She also neglected to mention in her comments that she had purchased a horse from me prior to that one that she loved. And she also failed to mention she has been payed back some money.

4 03 2009
Amy F.

My name is Amy. I recently purchased a mare from Kelly, and the mare is an absolute joy! I spoke with Kelly prior to visiting her ranch and explained what type of horse I was looking for (gentle, family/trail horse). When I arrived (with my 2 young children in tow), Kelly had 5 horses for me to look at. All of the horses were gentle and very tolerant of my children playing in the alleyway where they were tied. Kelly had a ranch hand ride the mare before I did to show me her disposition under saddle and then allowed me to ride her.

When I got the mare home, she was a bit excited with her new surroundings and pasture mates, but that is normal and was expected. I rode her the next day and she was perfect. Kelly was very honest about the dispositions of the other horses that were there and I think she did an awesome job matching me up with a horse that fit my situation. My new mare has settled in very nicely and is as quiet as could be. I will definitely purchase from Kelly in the future. Thanks Kelly!

11 05 2009
Rhonda Elwell

We purchased a gorgeous registered Palomino mare in 2004 from Kelly Frost and I love my mare. She has been superb and she’s everything as represented by Kelly. In fact, someone out there, please tell me how to contact Ms. Frost for I’d like to buy another horse, for our family is growing.

Thank you kindly…

15 05 2009
Horse Fan

You can see some of Kelly’s horse on Equine.com or AgDirect.com – I’m always checking in to see what other wonderful horses she might have.
Google: Ag Direct; Kelly Johnson – or – Equine.com; Kelly Johnson. Good luck.

4 01 2011
methods

[...] Wild horse spurs suit against Texas farm « Bridlepath [...]

16 12 2011
Janine

interesting… I am having an issue with a horse from Kelly Johnson/Frost

27 03 2012
Dana Hardin

I purchased a registered quarter horse from Frost farms and I also had the same problem. Ad stated that this mare was “bombproof!” OMG…she was anything but that..scared of her own shadow! Also stated she had been trail ridden..what a joke! I have ridden all my life and could tell this horse had not been exposed to anything…I also spent a lot of money just getting her transported. A lot of work and patience have gone into making her now what she was suppose to be when I bought her!

27 03 2012
Dana Hardin

I must add that I blame myself for purchasing a horse on someone’s word alone! Have never bought a horse without riding and seeing what their true disposition is all about. That’s something I’ll never do again! Some people use the term Bombproof too freely. Had I been a beginner rider..this would have been a disaster!. Kelly had some of the nicest looking horses that I could find at that time and I am sure that most she sold were what she said they were. Lesson learned on my part to ride, read the horse and know what you’re buying!

6 08 2012
Kristin

I purchased a total of 5 horses from Kelly . All 5 had a basic vet check. I have 2 horses at my farm to this day and they are everything she described (very pleased). She sold me 2 horses that were not sound, but was passed by her vet. Recently I got a horse that had navicular (visible from day 1) and last year a horse that had ringbone. The other horse was a cribber that she never told me about. She said that he must have became a criibber after i got him. Although all the horses that she sold me were kid safe like she said. The one with navicular was one in a million other than he was not sound. Would recommend x-rays. I will never buy a long distance horse again. I can only blame myself.

8 08 2012
Kristin

I forgot to mention the communication was awful, especially after I wired the money. She answered the phone almost every time before the purchase, but after the purchase she did not answer the phone for at least a week. I was in the dark. I did receive the horse though, but it arrived with navicular (horse was vet checked). My horse friends and vet couldn’t believe Kelly or the vet did not pick that up just by the way he moves. This was from day 1. Just with the bare eye it was visible. At the time, she had two bay horses for sale that almost looked identical. Meanwhile, I was told by Kelly that she would trade me a horse for the navicluar horse that she sold me. I would have to cover the vet check and possibly still get an unsound horse). To this day, she will not answer her phone, I texted her, nothing back. I tried calling yesterday and the recorded operator said that her phone was not receiving phone calls I am so frustrated. When I first called her to tell her that the horse had navicluar she said that she didn’t have anything available at the time (kid safe horse). But she said that she would trade me a horse (promised ) when one came. Like I said, she will not answer her phone. I know I was gullible, but i learned never to purchase a horse from her. Actually, any long distance purchase. She sold me 5 horses that were kid safe, but 2 had sound issues, one was a cribber (not stall kept) that ruined my run in shed, and 1 of the horses i have to this day that I kept has a deformed skull, but other than that, I love him. Bottom line, beware of an internet purchase (buy local) with her and get X-rays. The vet she used passed all 5 horses that I purchased from her. I feel so embarrased and stupid for being a repeated buyer, but I just wanted to warn anybody out there that would be tempted like me. I wanted to trust her.

8 08 2012
janine

Yep, sure gives the rest of us a bad rapp. I also raise and sell horses, I have always tried to ensure the horse was what I listed it to be. She got me too so don’t feel embarrased, I live local and am pretty horse savy, she had the same vet do my paperwork and had her farrier epoxy the feet. she has one of my horses now for sale, she was sound pretty and very very rideable, I fear what will happen to her due to Kelly’s horrible reputation.

7 10 2012
J B

I am in the same boat as u with this Kelly person.! As of Wednesday the 3 of October 2012. She claims to have sold my palomino gelding. (Who is very healthy) & I was at her barn Saturday 6 october 2012 & he was standing in a stall !!!!!! Much more to this story !

8 08 2012
Kristin

I think Kelly Frost’s name is Kelly Johnson now. Johnson Horse Co.

6 10 2012
J B

If you bought a 14.1 ( very stocky ) Palomino gelding on Saturday October 6 2012 & was there at her place around 12:00 & after , would like to speak with you about the palomino. He is foundation registered & she may have told u she doesn’t have his papers ! He is 7 yrs. Old . I traded a horse on Wednesday October 3 2012 (just 3 days earlier ) . She said that this person bought the palomino & another gelding . Just need u to contact me , please .

12 10 2012
j

Dlsregard any comments from JB .

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