Published:
August 17, 2009 04:23 pm EDT
Standardbred owner/horseman Isaac Waxman has filed a claim in the Ontario Superior Court of Justice against agent Ken Hornick, owner/trainer John Wagner, owner James Coughlin and agent Marc Reynolds
in regard to the sale of racehorse.
In a claim filed in court on July 28, 2009, Waxman claims:
- Damages jointly and severally from the defendants for negligence, negligent misrepresentation, breach of contract, and breach of warranty in the amount of $50,000;
- Pre and post judgement interest pursuant to Section 127 of the Courts of Justice Act, R.S.O. 1990, c.C. 43;
- Costs on a substantial indemnity scale, and;
Such other relief as counsel may request and the honourable court seems fit to grant.
According to the filing, Waxman has claimed that he purchased four-year-old JK Outlaw horse Boss Outlaw for $60,000. Waxman has claimed that the horse was injured when it came into his possession on May 9. Waxman has claimed that the horse had an injury to its left front suspensory ligament.
Trot Insider attempted to contact Hornick for comment on the situation, but he was unavailable.
To view an official copy of the claim, click here.
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Glad you stood up for
Glad you stood up for yourself. Maybe the next person won't try and sell a lame horse.
This was an AGREEMENT, not a
This was an AGREEMENT, not a claim, or a BUYER beware. The price was $60,000 Cnadian for a HEALTHY, SOUND racehorse.
The funds were transferred and a HEALTHY, SOUND horse was expected. The seller and or agent assured this was the case. The horse was delivered DAMAGED and was so documented by a registered vet.
When no repsonse came from the seller or the agent to dicuss the situation, it went to the next step. Litigation. When the defendants chose not to appear to present their FACTS, the case spoke for itself.
Would the horse have been shipped if the transferred funds were NO GOOD. Of course not.
Once AGAIN, Ontario as a whole, sets the standard of trying to MAINTAIN and ACHIEVE integrity in the harness racing business.
Michael I. Deutsch The ORDER
Michael I. Deutsch
The ORDER entered on February 10, 2010 seems to set back the rules of horse sales that are ordinarily "as is" with no warranty or guarantee of fitness for racing or the purposes or expectations of the purchaser. In this case the sellers must have make representations regarding the horse's condition that turned out false. However, what is probably more certain is that the sellers did not appear in this action and therefore a default judgment was entered against them. Very curious that the buyer retains ownership and is racing the horse currently. Next start scheduled for Kawartha this week.
If there were no express warranties or guarantees nor misrepresentation made by the sellers, the buyer would have no recourse in the US.
Lesson to be learned is that if you have notice of an action filed against you, you had best appear and defend yourself in Court.
Michael Deutsch
It is buyer beware in this
It is buyer beware in this "Sport" of ours. Our governing body,the ORC refuses to get involved in any transaction within, unless a judgement has been made. The answer is make all of these faudulent deals a fineable offences and they will come to the rescue.
What ever happened to the hand shake or gentleman's agreement or the word "integrety" that has been bantered around the industry for the last decade or so.
Its called a prepurchase
Its called a prepurchase exam and they are a must! If they guaranteed the horse they are liable.
wow so many people are
wow so many people are jealous of this young man,,reguardless the law is for everyone.
stay on the topic reguarding the horse not the young man.
If you look at the lines, he
If you look at the lines, he was scratched lame last year, Wonder Why, Guess this guy has too much money to do any research!!!!!
Gee. I THOUGHT that was why
Gee. I THOUGHT that was why potential owners had a vet of their choice examine the animal they were considering purchasing. Silly me!
In reply to Gee. I THOUGHT that was why by dancespell
Come on Let's focus on the
Come on Let's focus on the crooks that sold the horse not the victim don't be silly