Sessa v. Riegle

427 F. Supp. 760 (1977)

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Nature of the Case

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Facts

P became interested in purchasing a standardbred racehorse named Tarport Conaway owned by D. Robert J. Maloney told P about the horse. P then sent Maloney to D's to affect the purchase of Tarport Conaway. Maloney held P's check for the $25,000. P was relying chiefly on Maloney's judgment and evaluation. Maloney arrived and had unrestricted access to the horse. Maloney informed P that he liked the horse and that he was a good one. D said the horse was sound. Maloney gave D the check for $25,000. Immediate shipment could not be arranged, and D took proper care of the horse until March 23 when a carrier arrived. Tarport Conaway arrived at Freehold Raceway the next day. Dr. S.P. Dey, D.V.M., found the horse to have tendinitis (swelling of the tendons) in both front legs. The cause of the tendinitis was not determined. P called D and asked him to take the horse back and return the purchase price. D came to Freehold Raceway accompanied by Maloney to see Tarport Conaway. The horse was being kept in unclean physical surroundings. Tarport Conaway had recovered from tendinitis. When jogged by P for D and Maloney, the horse jogged normally. A few days later, Tarport Conaway went lame in his hind legs while being jogged. This resulted from 'intermittent claudication,' a condition created by the stoppage of the flow of blood through the arteries. None of the medical experts who testified was able to identify the cause of the thrombosis in Tarport Conaway. Expert medical testimony did not establish that the thrombosis was present in Tarport Conaway on or before March 23, 1973. P again called D and asked him to take the horse back and return the purchase money. D refused. D sent the horse to a farm near Dover, Delaware to be turned out for one year. The horse was put in training for five months but did not race and again turned out. The horse was put back in training in 1975. He raced 13 times winning 3 races and earning a total of $1306.00. P incurred necessary expenses for the horse's transportation, maintenance, training and veterinary care in the amount of $9073.00. Tarport Conaway may have substantial value for breeding purposes.