Viator v. Bishop

KLEES, Judge.

Defendant, W.P. “Buster” Bishop, was the owner of a colt named “Top Avenger.” In April of 1980, defendant hired plaintiff, Dwight Viator, as a trainer of the thoroughbred. Defendant and plaintiff entered into an oral contract that defendant would pay plaintiff a per diem training fee of $28.00 to $30.00 plus veterinary and shoeing bills and ten percent of the horse’s winnings.

Plaintiff alleged that defendant was interested in selling “Top Avenger,” a stakes horse, so they entered into another oral contract. The contract called for plaintiff to receive a ten percent commission for…