FRUSTRATED :mad:

[Xena'smommy]

That sounds hopeful! Good luck.

[daisy mae06]

Originally Posted by lillyrican

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.

That is great news I do hope it all works out and when you have your lil pup I would say see ya later gater!

[JeanieK]

Originally Posted by Monday

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!

You forgot one thing, It has to be legal.

[trini&coco]

Can't wait to see pics....

[JeanieK]

Originally Posted by MsCheryle478

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.

I agree, and I'd show the judge some of Jeff Danes ads for $10,000, and demand that amount.

[JeanieK]

Originally Posted by YorkieRose

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.

They do have a contract. Contract law states that a verbal contract is enforcebable. it does not have to be in writing. Any time two people agree on something, and it is legal, and both parties are recieving something then it is enforceable.

A wise judge would ask a few questions and determine who was telling the truth. For instance. They might ask, what did you agree to give in exchange for the stud service? If it was money then why wasn't it paid up front?

Just those two questions would tell the judge that she was lying. Because, as Judge Judy says, if it doesn't make sense then it is probably not true. So it doen't make sense that if the agreement was for money, that it would not have been paid up front. Plus she has witnesses.

I don't like to hear the word sue either, but taking a person to court to enforce a contract, is not sueing.

[JeanieK]

Originally Posted by MsCheryle478

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.

I agree. The first thing a judge would want to know is what did you offer her for the service, and if it was money why didn't you pay it at the time of the mating.

[Bradley Wieseha]

I think you did the right thing. You held up your part she should do the same. Hold out for the girl. Im glad she's realizing that youre not going to back down, but if she decides to be evil about it with hold the AKC papers or take her to court. Good luck

[Yorkiesforever]

SOunds good so far can't wait to see pictures of your new little girl.

[SophieRose]

Take a deep breath and stand tall.

[Christen10]

She just wants to keep the tiny female. I mean seriously! Alot of Yorkies are tiny. If you want that female then you get her. Make somthing up like your going to leave her with your mom during the day while your at work so she'll get plenty of attention. She can't argue with that. B/c her argument is it needs attention. If she puts up a argument then you know its BS, she just wants her. The male will sell for what $750 and the tiny female for like $2500. I'd charge a outragious stud fee if she doesn't stick to her end of the deal. Like $2500 which is what the female would cost. A deals a deal! If you do have it in writing and she refuses take her to court, if not threaten her. She may decide its best to just give you the dog. And if you didn't have anything put in writting, remember to do that next time. Good luck!

[Christen10]

Originally Posted by Holly_QD

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.

I think its excuses are like a$$holes, Everyones got one and they all stink. lol Thats how my dad always said it anyways.

[Christen10]

One more thing if you take her to court I bet you could win b/c when you don't get stud fee its usually pick of the litter. Your pick of the litter is the girl! I bet you'll either get rewarded your little girl or atleast more than $700. Probably a couple of thousand plus pain and suffering. I watch alot of judge shows on tv. lol Good luck!

[lillyrican]

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!!

[WesleyandMaddie]

Originally Posted by lillyrican

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!!

I hope everything goes well!