Sales and deposit

[Farm]

Good Morning

I was hoping someone could help
I sold 7 animals in May 2015 and received a deposit 2 days later but by after 2 contacts nothing for 4 months in the end we phoned the purchaser and asked did he want the heifers he said he was going to Australia no and sell away on December 24th i got an irate phone call looking deposit back i said no the deal was not completed and no deposit was due back
now yesterday the purchaser has advised he will take me to court if i do not return deposit who is right and wrong ?

[wales01man]

Re: Sales and deposit

Was there anything in writing regarding the deposit and its return or forfeit if sale was not completed

[Farm]

Re: Sales and deposit

No written contract all by shake of hand

[des8]

Re: Sales and deposit

Presumably you are a farmer (?) and this sale was by way of a business transaction(?) to another farmer (?) .
Anything in writing as per Wales?

My initial reaction is that you keep the deposit, and if he issues court proceedings you enter a counter claim for the expense you had in feeding and caring for the animals for the extra time you were looking after them, and possibly compensation for not being able to sell the animals while they were reserved for him.