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SAMANTHA LAWTON DUTHIE v. AMBER HILL FARM, LLC

No. GV 12000644

 

COMES NOW the Plaintiff, SAMANTHA LAWTON DUTHIE, by counsel, and for her Complaint states as follows:

 

1. The Plaintiff Samantha Lawton Duthie, is,a resident of Loudoun County, Virginia.

 

2. The Defendant, Amber Hill Farm, LLC, is a limited liabitity company registered in the state of New Jersey: The registered office for Amber Hill, LLC, is located at 2105 Lamington Road, Bedminster, New Jersey 07921. The registered agent for Amber Hill, LLC, is Elizabeth Mandarino.

 

3. The Defendant regularly conducts business in the Commonwealth of Virginia as it specializes in the training and sale of horses and ponies in Virginia. Furthermore, the Defendant regularly competes horses and ponies and conducts business at the Horse Shows in the Sun (“HITS’) in Culpeper, Virginia; and the Middleburg Classic Horse Show in Loudoun County, Virginia.

 

4. The Plaintiff is the owner of a pony named “Blue Moon’s Double O Seven” (“Ian”), which is a Connemera Cross, 14.1-hand, Gelding, foaled in 2004, and grey in color. The pony’s United States Equestrian Federation Number is 5110162.

 

5. In August 2011, the Defendant requested that the Plaintiff deliver Ian to her at the HITS show grounds in Culpeper, Virginia, so that she might show lan to potential clients and customers who, were interested leasing a pony of lan’s size and competitive caliber.

6. On August 22, 2011, the Plaintiff delivered the pony to the Defendant at the HITS show grounds in Culpeper, Virginia. The Defendant transported Ian to her property in New Jersey.

 

7. In October 2011, Peter Stenger, a resident of Canada, contacted the Plaintiff, via his agent, to state his interest in leasing Ian for his daughter after seeing an advertisement the Plaintiff had posted on www.BigEq.com. The Plaintiff requested Mr. Stenger contact the Defendant to arrange a trial of the pony.

 

8. Mr. Stenger contacted the Defendant to arrange a trial of the pony.

 

9. The Defendant sent the pony to Mr. Stenger in Canada.

 

10. On October 18, 2011, the pony arrived in Canada and remains there.

 

11. Simultaneous to shipping the pony, the Defendant sent to Mr. Stenger a proposed Lease Agreement to be executed between the Plaintiff and Mr. Stenger. The Lease Agreement stated that Mr. Stenger agreed to transfer Twenty-Five Thousand Dollars ($25,000) via wire transfer to the Defendant. Two Thousand and Five Hundred Dollars ($2,500) of that Twenty Five Thousand Dollars ($25,000) would be a non-refundable base lease for a trial period from November 1, 2011, to November 30, 2011. If Mr. Stenger chose to lease the pony after the trial period, then the lease period would be from November 1, 2011, to October 31, 2012, for a total lease amount of Twenty Five Thousand Dollars ($25,000).

 

12. Included in the proposed Lease Agreement was a requirement that the lease amount payment be made to Defendant via wire transfer, and payment would then be transferred to the Plaintiff at the designation provided by the Plaintiff.

 

13. Also included in the proposed Lease Agreement was an agreement that the Plaintiff obtain mortality and theft insurance with a surgical endorsement through Great American Insurance.

 

14. On or about November 1, 2011, Mr. Stenger delivered payment to the Defendant in the amount of Twenty Five Thousand Dollars ($25,000) via wire transfer.

 

15. On or about November 9, 2011, the Defendant paid on the Plaintiff’s behalf Two Thousand and Four Hundred and Sixty Dollars ($2,460) to Great American lnsurance for the mortality and theft insurance with a surgical endorsement.

 

16. On or about December l, 2011, the Plaintiff and Mr. Stenger agreed to proceed with the lease period from November 1, 2011, to October 31, 2012, for a total lease amount of Twenty Five Thousand Dollars ($25,000).
17. The Plaintiffrequested that the Defendant deliver to the Plaintiff Twenty Two Thousand and Five Hundred and Forty Dollars, which is the lease amount of Twenty Five Thousand Dollars ($25,000) less the Two Thousand and Four Hundred and Sixty Dollars ($2,460) paid to Great American Insurance by the Defendant on the Plaintiff’s behalf.
18. On or about December 17, 2011, the Plaintiff received a payment from the Defendant in the amount of Ten Thousand and Five Hundred and Thirty Seven Dollars ($10,537). No further payments have been made.
COUNT I – BREACH OF CONTRACT
19. The foregoing paragraphs are hereby restated and incorporated by reference.
20. The Lease Agreement states the Defendant is to deliver to the Plaintiff the lease amount upon the Plaintiff’s designation.
21. The Defendant has denied the PlaintifPs demand for the release of Twelve Thousand and Three Dollars ($12,003), which is the difference between the following amounts: the total lease amount of Twenty Five Thousand Dollars ($25,000) minus the Two Thousand and Four Hundred and Sixty Dollars ($2,460) paid to Great American Insurance by the Defendant on the Plaintiff’s behalf and minus the Ten Thousand and Five Hundred and Thirty Seven Dollars ($10,537) paid to the Plaintiff on or about December 17, 2011.
22. The Defendant’s denial of the Plaintiffs demands for the lease amount is a breach of contract.
WHEREFORE, the Plaintiff respectfully requests that judgment be entered in her favor against the Defendant in the amount of Twelve Thousand and Three Dollars ($12,003) together with interest thereon at the rate of 6.00% per year from the date of judgment until paid, her costs and her attorney’s fees, and such other relief as the Court deems proper.
Respectfully Submitted,
SAMANTHA LAWTON DUTHIE
By Counsel

 

View Complaint

View Answer

 

Judgment for Plaintiff Samantha Lawton Duthie

 

$4,198.00 with 6% interest from July 16, 2012

 

UPDATE

 

Tamara Tucker of Nelson & Tucker, PLC has appealed the decision on behalf of her client, Amber Hill Farm, LLC.

 


 

Appeal

 

No. CL75765

 

Tamara Tucker withdraws as counsel for Amber Hill Farm, LLC on March 22, 2013.

 

Plaintiff’s Motion to Dismiss Amber Hill Farm’s Appeal of lower court Final Order entered July 16, 2012  – GRANTED

 

October 2014

Plaintiff awarded $4,184.00

 

Case dismissed with prejudice