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Old 12-06-2008, 08:16 PM   #68
Breyli
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Join Date: Oct 2008
Location: Philadelphia, PA
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Quote:
Originally Posted by Nancy1999 View Post
There was an oral agreement, but no contract take place until money changes hands. You don't have a chance in court, until money changes hands, even if it's just $1.00.

Untrue, the co-worker made and offer and quicksilver accepted

offer+ acceptance = contract

no need for writing or for money to exchange hands, a contract has been formed and quicksilver has relied on the promise of having the dog sold to her

Someone else said that you cannot force someone to sell you something and until money exchanges hands there is no contract.

Again, not true.. there was a story of a man who agreed to sell his farm while he was having a drink in a bar and the courts enforced it even though money did not change hands

It has been seen over and over that you, can, indeed, force someone to sell you something if a contract is formed and money has yet to exchange hands what is needed is a 'meeting of the minds,' which it seems has happened so just because one person changes there mind doesn't make the contract null and void.

Well, enough on contracts 101

I hope everything works out for you and since everyone seems to chime in on what they would do, this is what I would do:

I'd go ahead and get the dental done. If she wants him back, she needs to pay YOU for that large expense, which, you said she cannot afford...
Also, if she wants him back be prepared to charge her for your time spent (either going rate for pet services or going rate of what you make times the amount of time you spent on the dog) plus any costs incurred (such as for treats, food, clothing, grooming, pet supplies)

I'm sure after receiving your bill, she will let you keep the dog so be prepared with your check
Also, don't let her keep changing her mind. Give her a deadline to give you the price. If she doesn't meet the deadline, hand her a check for the cost she paid for the dog (because that is what you agreed to do and any vet costs will be hers b/c she did not prove to you what you owed her... write payment in full for purchase of dog and I'm sure she will cash it and you don't have to worry about it anymore).

Good Luck
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