Originally Posted by lillyrican (Post 1043462)

I spoke with her yesterday, and I asked her how the puppies were doing. She began telling me about all the mischievous things the puppies have been up to. After listening to her story, I asked her when was I going to get my puppy. She looked up at her calendar and pointed at the 15 of April. I then told her I was really looking forward to bringing the puppy home, and all the plans I had for it. She just smiled at me. I won't be sure until I finally get her home. All I can do is hope she does the right thing and give me my puppy per our agreement.

Originally Posted by Monday (Post 1036523)

I agree with Chachi ... a deal is a deal ... and assuming you do want the female... you have all the makings of a legal contract ..
Under contract law, there is no contract if there is no consideration. and FYI, The consideration must be reciprocal, each party offering consideration.

You offered your male as a stud in return for possession of the female offspring (their 'consideration' ).. you met the terms of the 'contract' aka "agreement".

Were there any stipulations that she could alter the agreement at her discretion? You would have had to be aware of this prior to the "deal" ...

I am certain you can give the baby girl the proper attention .... so that does not nullify the contract. (And that was not mentioned or stipulated at the time of the agreement).

In law we learned that a contract is any agreement where there is:
a) a mutual exchange of promises ;
b) with reasonable, understandable terms and conditions
c) that binds the parties to performance of the responsibilities described.
I do not see a violation of that definition.
So speak up! and good luck!

Originally Posted by MsCheryle478 (Post 1036937)

Why wouldn't they? The Judge will be able to get out the whole story and the fact that they still have the female in their possesion. I say take her to court. And if you are only awarded money, make sure you go in with at least 10 examples of what top dollar little female Yorkies are going for. Maybe when the Judge slaps her that she owes you $2,000, she will be more than willing to hand you over the female.

Originally Posted by YorkieRose (Post 1036961)

Check the law...they have NO contract. It is her word against her word. The judge will NOT force the breeder to give the female to her..the most she can hope for is the price...and she has to prove she can get exactly what the price is...if she says the pup would sell for $2000, then she must provide the court with proof..a buyer willing to pay, ads in the local papers, etc...pups of the same sex an quality she has sold in the past. Saying a dog is top dollar quality has to be proven..take the pedigree and pictures.

People get all up in arms and say sue...I would refuse to give the AKC papers, if that did not convience the breeder, then I would accept the male and sell for $1500 or whatever the going rate in her area...if she does not want to be bothered selling the male, then take the $700...

I do not care what they talked about and neither will the court..it is what the law states and there is no contract...and thebreeder may well lie or remember it differently.....saying she agreed to return A PUPPY, but did not say male or female...or she can say they had no agreement and left it to decide when the litter was born..people lie all the time..and if she will cheat her out of the female, then she will lie to a judge..the judge is not a mind reader and no contract means her word against her word...

Perhaps, the breeder will not want a court suit and give in..call her bluff..but once you piss her off she may not get the male or the stud fee...I , always believe the good guy wins in the end...
This has happened to me a few times..once the female owed to me died at 12months..person stepped on her on the stairs..she begged me for a stud service so she could try for the same puppy again to replace her..told me to name my stud fee...my fee was, sorry, my male is not available.

Originally Posted by MsCheryle478 (Post 1037158)

Another good point. I would get the vets name and number anyways. If you do have to sue in court there will just be more proof that you had a vested interest in this girl and DID NOT donate your little stud to her.

Think about it. If this was a stud fee arrangment, she would have paid you at the time of the tie. It would have then been no concern of yours whether conception took place or not, whether the girl had no pups, one pup or 100 pups. The stud arrangement is done. Stud is paid and that's the end it. This will show even more so that there most definately was a verbal contract surrounding this whole breeding.

Originally Posted by Holly_QD (Post 1036905)

Baby Fidgette is right. What Yorkie isn't a finicky eater? If there were McDonald's happy meals for puppies, that's all they would eat? Just like my 4 year old Boy and many other children do. She's a puppy, it's normal I think.

And what makes her think that you are not able to cater to the puppies needs and she is. She can't even uphold a simple verbal commitment, how is she the mother theresa of yorkies now?

Bottom line excuses are like ---holes. Everyone's got them and nothing good comes out of them.

Originally Posted by lillyrican (Post 1049261)

I'M SOOO EXCITED, I GET TO PICK UP MY PUPPY TOMORROW!!!!!!
I'm still going to keep my fingers crossed, I'll update everyone tomorrow when I have her safely at home!!