Purchase & Sale Sale contract disregarded by Judge

[Whatasystem]

Jurisdiction

South Carolina

Recently purchased a horse, and have a completed sale contract signed by both parties, as well as receipt of payment. After sending trailer to retrieve the horse, Seller changed mind and refused to release it. Upon making a second attempt to retrieve the horse, Seller filed no trespassing order on the trailer to ensure no one could return.

Upon becoming a legal matter, Seller then evaded process servers for over two months, resulting in numerous additional costs and fees. Finally, after being served, a hearing took place wherein I was told by the Judge that he "could not force the Defendant to sell me the horse", further stating that a sale is only valid when money has been exchanged and the item has been delievered; therefore because the horse was never retrieved, it never belonged to me in the first place and no sale had actually taken place.

How can I be penalized for not retrieving the horse when the Defendant refused to release it? Is this something to be appealed?

 

[txls]

Give it up. A Judge has ruled. Find another horse.

 

[adjusterjack]

How can I be penalized for not retrieving the horse when the Defendant refused to release it?

The "how" is explained by the "did."

Is this something to be appealed?

Yes.

I believe that the judge could have and should have ordered "specific performance" of the contract and you would have also been entitled to any monetary damages that you incurred as a result of the months of delay.

However, if you want even the remotest chance of a successful appeal, you'll need to hire a lawyer. Laymen can often survive small claims court without a lawyer, but appellate court takes an expert.

Unfortunately, the cost of the appeal is likely to be prohibitive compared to the cost of the horse.

But, if it's not the money, it's the principle, then you are free to spend as much as you want to spend on an appeal.

 

[army judge]

Recently purchased a horse, and have a completed sale contract signed by both parties, as well as receipt of payment. After sending trailer to retrieve the horse, Seller changed mind and refused to release it. Upon making a second attempt to retrieve the horse, Seller filed no trespassing order on the trailer to ensure no one could return.

Upon becoming a legal matter, Seller then evaded process servers for over two months, resulting in numerous additional costs and fees. Finally, after being served, a hearing took place wherein I was told by the Judge that he "could not force the Defendant to sell me the horse", further stating that a sale is only valid when money has been exchanged and the item has been delievered; therefore because the horse was never retrieved, it never belonged to me in the first place and no sale had actually taken place.

How can I be penalized for not retrieving the horse when the Defendant refused to release it? Is this something to be appealed?

Did you sue in small claims court?
if so, you chose the wrong court.

Take a look:

South Carolina

Okay, magistrate or muni courts lack the ability to compel, enjoin, restrain; as in specific performance.

You probably needed to file your case in circuit court.

However, the matter is likely moot.

Res judicata has set in, and the matter will rest for all eternity.

As suggested, you're out no money, buy yourself another horse or not.

 

[Whatasystem]

Did you sue in small claims court?
if so, you chose the wrong court.

Take a look:

South Carolina

Yes, in Magistrate's Court. According to the clerk, the specific procedure (claim and delivery) to handle the wrongful withholding of property was under their jurisdiction.

 

[army judge]

Yes, in Magistrate's Court. According to the clerk, the specific procedure (claim and delivery) to handle the wrongful withholding of property was under their jurisdiction.

I could bore you with a long legal bunch of mumbo jumbo, but I'll spare both of us great pain.

If the horse was a thoroughbred, it might be worth your time to pursue it.

I suspect it was simply a nice horse.

I own a rather large cattle ranch, and love horses.
I grew up around horses, because my dad owned a larger cattle ranch.

If I were you, buy yourself a nice horse from a known associate, friend, or relative.
You can also acquire great horses at most county auctions in Texas, and I bet SC has something similar.
Treat the purchase of any horse, the way you'd treat buying a car, a home, or any large, important purchase.

Always do it via a contract, even if its a friend, or your brother.

After all, friend, business is business.