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