Tuesday, March 02, 2010

A Horse Trial

RONNIE McCORD, Appellant,
v.
WALLACE GOODE, Appellee.
No. 05-08-00939-CV.
Court of Appeals of Texas, Fifth District, Dallas.
Opinion Filed February 26, 2010.

The evidence showed that in approximately 2004 Goode allowed McCord to move a house trailer onto Goode's property and live there rent-free. In exchange, McCord agreed to help with upkeep of the property and train Goode's horses. This arrangement continued for about three years, until July 2007. During those three years, McCord, Goode, and another friend, Bob Menton, went into business together buying and selling horses. The parties referred to their relationship as a partnership, although they never formalized it in writing. In April 2004, McCord purchased two horses, one of which was a registered paint horse named Colonel Jet Leo. McCord testified that he purchased those horses for his personal use and not for the partnership. The dispute that is the subject of this lawsuit arose in the summer of 2007. The record indicates that McCord had told "everyone" that they were not to do anything with Colonel Jet Leo unless he was there. In July 2007, McCord learned that Goode's son, Justin, and a fellow rancher had taken Colonel Jet Leo to a veterinarian without McCord's permission. When McCord confronted them about it, Justin said he was just doing what his dad had told him to do and that the horse was half his dad's. McCord replied, "It may be, but nobody does anything with this horse but me." When Goode talked to McCord about his confrontation with Justin, Goode told McCord that he wanted to send Colonel Jet Leo to Oklahoma for training. McCord said he would file theft charges against anyone who took Colonel Jet Leo off the property. Goode testified that it was at this point he knew the partnership was not going to work, so he asked McCord to leave. McCord agreed. They divided the mares and their two colts, but could not agree on the disposition of Colonel Jet Leo...read more

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