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Live Foal Guarantees and
Semen Quality
Q:
In the fall of 2002, I entered into a breeding
contract for a very expensive stallion, who is currently
standing at a stallion barn out of state.
At the time of booking, I paid the booking fee,
plus the entire breeding fee.
The breeding contract guarantees that I will get
a live foal (defined as “a foal that stands and
nurses”). In
2002, I tried to breed my mare three times during the
spring breeding season, and she did not take.
My veterinarian commented on the poor quality of
the semen that the stallion barn had shipped, and when I
called the stallion barn, they made excuses, like
“Gee, I shouldn’t have cut the sample three ways”
and the like. I
had to pay for each semen shipment, plus the disposable
container, plus my vet’s fees for insemination.
My vet says there is nothing wrong with my mare.
This spring, I have still been trying to breed my
mare to this stallion, but she hasn’t taken, and the
vet says that the semen quality is even worse than last
year, with reduced counts and motility.
I’ve heard rumors from other mare owners about
the poor quality of this stallion’s semen, and looking
at the breed registry records, there were only 10 foals
registered last year that list him as their sire (even
though he is a very popular stallion and has a full-page
ad every month in our breed magazine).
Can I get my money back?
A:
Presumably, you have a contract with the stallion owner, not the barn where the
stallion is currently standing.
If that is the case, you may want to call the
stallion owner directly and explain the problem, as he
or she may be completely unaware that there is an issue.
I hate to say it, but the stallion barn may not
be as motivated to address the problem, as they are
charging the stallion owner collection fees and board,
plus they have a prestigious stallion standing at their
facility. Not only that, their collection and preparation practices
could be part of the problem.
If
the stallion owner refuses to address the issue with you
informally, I would recommend continuing to order semen
shipments and trying to breed your mare for the
remainder of the breeding season, and having your vet
document the quality of each semen shipment.
Shipping semen that has a very low probability of
resulting in pregnancy may be a constructive breach of
your breeding contract, so you may wish to pursue a
court case to recoup your breeding fees and other
expenses.
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