West Palm Beach
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff Silver Creek Farms, LLC (“Silver Creek”) as and for its Complaint against
Defendant Maggie Fullington (“Fullington”) hereby states as follows:
ALLEGATIONS COMMON TO ALL COUNTS
Nature of the Action
1. This is an action pursuant to 28 U.S.C. § 1332 and 28 U.S.C. § 1391 for:
Count I Anticipatory Repudiation;
Count II Breach of Contract;
Count III Breach of Settlement Agreement;
Count IV Unjust Enrichment; and
Count V Replevin.
2. Silver Creek Farms, LLC is an Oklahoma limited liability company located at Broken Anow, OK 74011. Summer Stoffel (“Stoffel”) is the President and Manager of Silver Creek.
3. Maggie Fullington is a resident of Palm Beach County, having an address at West Palm Beach, FL 33418.
Jurisdiction and Venue
4. This Court has subject matter pursuant to 28 U.S.C. § 1332 because there is complete
diversity of citizenship of the parties and the amount in controversy is in excess of $ 75,000.00.
5. Many of the actions or omissions of the Defendant occurred within this District,
specifically in West Palm Beach, Palm Beach County, Florida, and as more particularly set forth
6. At all times relevant hereto and as set forth at length hereinbelow, the Defendant Fullington was and is a resident of Palm Beach County and the personal property at issue, a
horse, is presently housed in Palm Beach County.
Nature of the Dispute
7. The Horse, “Apiro” is a 2000 Hunter breeding stallion. Silver Creek purchased Apiro in
Germany in 2007 and imported him into the United States. Silver Creek commenced breeding
Apiro in 2008 and continued to stand Apiro at stud successfully until he was sold to Fullington in
8. Apiro has also enjoyed a very successful show career and is still sound and able to be
ridden. In 2011 and 2013 Apiro was one of the top three Hunter breeding stallions in the United
9. Apiro is approved for breeding with the International Sporthorse Registry, the American
Oldenburg Horse Association, the American Hanoverian Society, the Ge1man Oldenburg
Verban, and the Rheinland Pfalz-Saar International Registry. He has consistently produced foals
that have been rated by the registries as “Premium.” And his progeny command high prices in
10. In 2009 Fullington visited the operations of Silver Creek and informed Stoffel that she
was well acquainted with Apiro and had almost purchased him in Germany prior to Silver Creek
purchasing the Horse.
11. Fullington also owns breeding stallions. From 2009 through 2013, Fullington sent her
stallions to Silver Creek for testing.
12. In August 2014, Silver Creek offered Apiro for sale and in September 2014, Fullington
approached Silver Creek about purchasing Apiro.
13. On September 25, 2014, Fullington and Silver Creek entered into a written contract for
Fullington to purchase Apiro for $100,000 (the “Bill of Sale”). The Bill of Sale is attached
hereto as Exhibit A.
14. The Bill of Sale addressed the inspection and warranties surrounding the purchase and sale
“2. Inspection. Purchaser further agrees and acknowledges that he has been
afforded by Seller the opportunity to make a full and complete inspection of the
horse, at Purchaser’s expense, including arranging any veterinarian’s prepurchase
exam, and is freely satisfied and aware of the physical conditions and
limitations of said horse, and has executed this Agreement based upon his
independent knowledge and not in any way in reliance upon representations or
statements made by or on behalf of the Seller, his agents or employees, with
respect thereto, except as contained herein.”
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