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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111554
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Some years ago we bought some Dexter cattle. When the herd

Customer Question

Some years ago we bought some Dexter cattle. When the herd became to large for the pasture we had my husband happened to find a young couple with 9 kids who needed some help. My husband placed four of the cows and a bull with them so they could milk them
to help feed their family. A year or so later we placed the other 4 with these folks as well. At the same time we bought frozen semen ($1000) to use in AI ing some of these cows as they were supposed to be from the original "clean" line. My husband specified
specifically which cows were to be AI. A couple years later when my husband contacted this fellow he had been breeding all of the cows with the semen and even some of his own which were offspring of our cows. He was supposed to keep up the registrations on
them which he has never done so we no longer have any "clean" cattle. After a couple of years we started asking to have one beef butchered for our own use. The last couple of years we have taken two. Mr. Becker has gotten all the offspring from these cattle
to do as he pleases for taking care of our cattle. The whole idea of this was to give Mr. Becker help with feeding his family and to give a younger fellow a little help getting started in cattle. My husband also mentioned to Mr Becker that he would like to
see other young families get started in cattle as well. Our son is now interested in getting started in cattle. My husband was going to call Mr Becker and get it arranged to get some of the stock to get our son started. My husband passed away a week ago and
so it was up to me, his wife, to contact Mr. Becker. When I approached him about it he stated that he could not afford to "give away" his cattle. He stated that market price would be $1200 and he would sell them to me for $1000. Mr. Becker also stated that
he thought it was time the "free meat" was coming to an end. I'm sorry but I do not think this is fair. It has been at least 10 years that he has gained all the profits from these cattle and all their offspring. He has always only pasture fed and has fed no
grain of any kind so it is only the hay expense. Is it out of the way for me to ask for replacements for my foundation herd?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I hate to ask this, but was there ever any written contract with Mr. Becker and your husband?

Customer: replied 1 year ago.
No, unfortunately, not. My husband thought him such an super person he didn't need one much to my dismay.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If there is no written contract, the case is very difficult, but not impossible. You could seek to sue based on an implied or oral contract, but it would require you presenting evidence and witnesses to the court that you paid for the cows and paid for semen and that he has continuously given you beef or whatever in exchange consistently throughout the years to repay you. If you can prove that, then you can argue that he is breaching the oral or implied contract and that this was not a gift to him, as the conduct over the years has proven that you may pay or give him cows, but you have always received something in return as repayment for doing so. It is not an easy case without a written contract and it will require you putting on witnesses and providing documents proving what you paid for and gave to him over the years consistently and what he has given to you.

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