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- From: tzs@stein.u.washington.edu (Tim Smith)
- Newsgroups: misc.legal
- Subject: Re: Purchasing a Horse
- Date: 22 Jan 1993 21:40:23 GMT
- Organization: University of Washington School of Law, Class of '95
- Lines: 25
- Message-ID: <1jppk7INN9c3@shelley.u.washington.edu>
- References: <2511@gandalf.intel.com> <6w6qXB2w165w@dogear.spk.wa.us>
- NNTP-Posting-Host: stein.u.washington.edu
-
- linda@linda.intel.com (Linda Harbin) writes:
-
- >
- > My girlfriend sold her 6-month old filly last summer. In the sales contract,
- > she specified that the buyer had to give her first refusal if/when he ever
- > sold the filly. Last night, we found out the filly is for sale, and he has
- > yet to offer the filly to my girlfriend. Since it was in the contract, does
- > she have any recourse? Can she make him offer the filly to her first. What
- > if he sells the filly to someone else without ever mentioning it to my friend
-
- From what you write, he is only thinking of selling the filly. He probably
- only has to offer her the filly when he has an offer from someone else. From
- what you say, he is not at that stage -- he is at the stage where he is
- trying to get offers.
-
- As far as what happens if he does sell it to someone else without offering
- it to your friend first...I don't know. Are fillies fungible? My *guess*
- would be that she might be able to sue to cancel the sale and force him
- to sell to her (and the other buyer could then sue him for breach of
- contract), but I'm just guessing -- all she might be able to do is sue for
- the difference between what he sold the filly for and what it would cost
- her to buy a comparable one, which might be nothing if he managed to get
- a good price. Any remedies gurus out there?
-
- --Tim Smith
-