Quote:
Originally Posted by vlccairo  I'm not a member of the bar in MS, so this is NOT legal advice. Just my opinion, which is that there may be a contract because there was a promise and performance, although even that is questionable since she lied about the registration.
Even if there is a contract, it seems to be partial performance (No papers) so only partial payment is required. It seems like a check for the stud (which was performed) marked Paid in Full would meet your responsibility under the contract. Giving her the puppy would be payment for full performance on her part, which has not taken place.
Part payment for actual services provided would discharge your obligation, so you can feel ok about doing it. Her only argument would be inadequate time to perform (the papers), but that's a matter of opinion and you are not being unreasonable in your expectations.
If it were determined that there was no contract because she lied about a crucial term, you would owe her nothing. But I see no reason why you shouldn't pay her the minimum for an unregistered stud, if that helps you to put this behind you. Do what you feel is best for you and the pup. You'll get lots of support here!
I hope this helps you lay this matter to rest.
Repeat: This is NOT to be construed as legal advice.
Can you tell I'm trained as a lawyer? 
Good luck from me and Samantha,
Vivian
Oh, do keep the pup.  |
I agree totally! If you look at this legally she should get some compensation for the fact that you have the puppies at all. I would not give her a puppy though!!! A stud fee is more then enough. She's lucky your an honest person and wants to do what is right. There are so many people in this world that wouldn't give her anything. IMO a payment is the right way for you to go.
She sounds like the type of person who wants a puppy and then once it's grown, she no longer wants the adult dog. So sad!!! This is why there are so many adult dogs in need of a loving new home. Please, don't give her one of your puppies. And don't worry that your puppies are not registered. If you are giving them to family members they should be happy to have the beauties and not worry about a useless piece of paper. Which is really what it is if your not showing the dogs. If they are wanting to breed them, then I could see the need for the papers. But how sad to think they are getting a baby only to want it to make babies in the future. They are lucky to be getting a puppy. Just read some of the threads on here about how hard it is to find a yorkie puppy. You sound like you truly love these babies and don't want them becoming breeding machines so I don't think you should worry so much about the paper thing. The important thing is finding safe and loving forever homes for your babies.
Lastly, I can't believe that your stud's mother would be allowed to take a puppy into a classroom of special needs children. I agree that would be way too dangerous to the puppy!!! To me the children in that class room should be her focus, that is what the city / county pays her for. And don't worry that she's your neighbor. She lives so far from you I wouldn't consider her a neighbor. Give her a check and be done with her. If you don't want to talk with her about it, then write her a letter explaining this and send the check with it. You can ever keep a copy of the letter and check and send the originals to her in certified mail so you get the proof back that she has gotten it. Then keep the copies along w/the certified mail return receipt just incase she tries to sue. Please, keep us posted on how it goes and if we can offer any more advise we're here for you. ((((Hugs))))