McPeek sues Curlin connections Midnight Cry
Trainer Ken McPeek has filed a lawsuit against William Gallion’s and Shirley Cunningham’s Midnight Cry Stable claiming he is owed a 5% commission on the 80% sale of probable Horse of the Year Curlin as well as commissions on other horses he identified for purchase.
In the complaint filed in Jefferson Circuit Court in Louisville, McPeek cites an agreement reached in the fall of 2002 that called for Tandy, the limited liability corporation that operates as Midnight Cry, to pay him a 5% commission on both the purchase price and subsequent sale of horses he picked out for the stable.
According to McPeek, the deal also assured him two lifetime breeding rights if any of the horses became a stallion.
McPeek received the 5% commission when Midnight Cry bought Curlin for $57,000 in the 2005 Keeneland September yearling sale, attorney Donald Cox said.
http://www.thoroughbredtimes.com/national-news/2007/November/13/McPeek-sues-Curlin-connections-Midnight-Cry.aspx
3 comments:
Is he just being a prick or is there some shady business going on? How can he dispute receiving the 5% that they are saying they paid him in 2005? Certainly that can be easily proven.
In Grey's Anatomy terms, McPeek might be nick-named McPrick.
Why is this just now coming up, if they bought the horse in 2005 the comission should have been paid then, you dont get to collect a comission everytime the horse sells, or wait till it sells for the most money. HELLO!!!
Kara,
1. What Hope said... he either has some weird contract with them or doesn't. Prove it in court. Why is this only coming up now? It's been almost 2 years!
2. Often times the trainer gets a commision for getting the horse sold; The trainer was helen Pitts. McPeek was on hiatus from training and working as a bloodstock agent.
3. the buyers were the ones who sought out purchasing the horse, it wasn't like McPeek was out there trying to get him sold. Steve Asmussen was the one to put the deal together. (or so I heard)
4. It seems like a way to get it in the news that McPeek was the one who purchased Curlin as a yearling on behalf of Midnight Cry Stable. TOTAL publicity stunt!
5. He isn't disputing getting 5% earlier for buying the horse, what he's saying is that he also deserves 5 % and 2 lifetime breeding rights for SELLING the horse later. Sounds like pure greed and about getting in the news.
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