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Old 01-16-2007, 07:55 PM   #44
nwyorkie
Yorkie Yakker
 
Join Date: Jan 2006
Location: Washington
Posts: 62
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Quote:
Originally Posted by mistyinca
I'm new here, but I thought I'd offer another look at it. I understand your anger and frustration, and yes, there should have been a written contract. It might be hard for you to take her to court over it without a monetary claim. What you want is for her to sign the AKC papers to legitimize your litter, correct? I don't know if that is something that can be taken to court. However, you can look at this as a judge might if it were taken to small claims...

Your oral contract was for the exchange of her stud for a female puppy from your litter. Since there is no female puppy, by that simple contract, she is entitled to the fair market value of a female AKC yorkie puppy. Since you did not contract for stud fees, unfortunately, you can't change the contract to stud fees only. If she were to take this to court, what she would have to prove is that this $1000 she asks is the going rate for a female AKC yorkie. She would probably have to produce something more than just advertisements asking $1000, but actual proof of sales of $1000 or more.

I don't know where you are located, but in California, $1000 is a good price for a female akc yorkie.

Since you did have that contract with her, you do have an obligation to fulfill your end. If indeed $1000 is a reasonable, retail price of female akc yorkies in your area, she may have a valid case to take you to court. In the end, you would probably save yourself much stress and agonization just to give her that fee, (if indeed $1000 is the going rate for the female) and chalk it up to lesson learned.

I know this is probably not what you want to hear, and I'm sorry, but she may very well be right.

I would agree. Wishing you the best though. Then you need to decide if you will let you little one have another litter when she had a c-section. Tough decisions ahead.

Last edited by nwyorkie; 01-16-2007 at 07:58 PM. Reason: After thoughts
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