Breech of Contract with damages

[kieve101350]

New YorkWhat is the name of your state?

On June 5, 2005 I sold my rabbitry to a couple. I wrote out a contract detailing the contents of the sale and the terms for payment. The contract they signed was witnessed by my neighbor. I also have a signed copy of this contract

At 9pm on July 4, 2005 I received a call from the one of the buyers stating that she didn't want the rabbitry anymore as it was too much work for her and she couldn't afford food for them. She also stated that several had died. Although they were to start making payments on June 17th, they never made any payments towards this rabbitry. We moved and they did not have our address until later in June but still did not make any payments after they did receive our address.
My friends and I went to the couple's home that night specifically to bring the rabbits food. Our intention was to go back after the holiday (and during the day) to start collecting the rabbits and their equipment. What we found made us remove all the rabbits as well as everything else included in the sale immediately. The rabbitry was filthy with manure and urine covering the cages, trays and floors. Fly maggots filled the manure trays and the rabbitry was swarming with adult flies as well. Dead rabbits filled a burn barrel which was also swarming with flies and maggots. There were dead babies in the cages and in the hutches. At least 30 of the 112 babies that this couple had received from us were critically ill from coccidiosis. 1 rabbit had an abscess the size of a lemon. 5 rabbits had bloody feet. 1 rabbit had serious infections of both ears. 1 adult doe with a litter had dozens of bite marks along the side of her body. 17 babies had already died and 3 more died before we could get them medical attention. 3 of my best does were dead as well as their newborn litters and 5 of the adult animals were missing. The woman claimed that she didn't know what happened to them but was sure that they hadn't been sold. 6 junior animals were also missing. She also lost about 20 of her own rabbits to this outbreak of coccidiosis.
We retrieved almost everything we had sold with some minor damage to the equipment. But, we lost 35 rabbits and might lose a few more. We had to leave some of our hutches there because we had to spend a lot of time trying to save the more seriously ill rabbits. 1 more died even after receiving medical attention and another died in transit.
Now the woman is refusing to allow us to retrieve our hutches claiming that we took some of her water bottles and crocks. I haven't done a full inventory yet because we are still working on the sick or injured rabbits. I really don't know if we have her bottles or dishes. Never the less, I feel that this couple breeched the contract they signed and that they owe me for the 35 rabbits that died. While they had every right to sell rabbits while they believed the rabbits were theirs, the fact is that they paid nothing to me for the rabbitry and then returned the rabbitry with a loss of 35 rabbits. They are not well off and do have six children.
Is it worth going to small claims court to sue over the loss of these rabbits especially when we know the couple may have difficulty paying any claim I might win? (They purchased this rabbitry in the hopes of deriving a steady income out of the sale of rabbits.) Since the rabbitry is now in my possession is this truly a breech of contract? While they had it, they must have sold rabbits to pay for rabbit food although they deny selling any of them. Are these missing rabbits considered part of the loss?
By the way, we were going to call the humane society but the situation was undone when we removed the rabbits, treated them and cleaned everything up. Therefore, the humane society investigator would not have found anything on their property (except the burn barrel) to cite this couple with. We didn't have time for photos or other proofs because these animals required immediate and emergancy care. I do have the two friends that helped me remove the rabbits as witnesses to their condition and the condition of the rabbitry.
The value of the rabbitry was about $5,500 and we sold it to the couple for only $1500. We also gave them about $500 in free livestock equipment, hutches and buildings.
Vicki Lee

 

[JETX]

I feel that this couple breeched the contract they signed

Sounds to me like either YOU breached the agreement ("What we found made us remove all the rabbits as well as everything else included in the sale immediately.") or it was at best mutual (if they were supposed to pay and didn't AND if you had provided your address, which it sounds like you didn't).
Bottom line to this.... at the time you 'removed all the rabbits', they were THEIR rabbits. And no matter the condition, you had no legal right to remove them.... or to do anything other than to contact the local animal shelter.

I suggest that you negotiate a termination of the agreement, return their property in return for yours and move on. The legal costs (in both money and emotions) is NOT worth it..... especially considering that they "are not well off", making it unlikely you would recover anything anyway.

 

[kieve101350]

Breech of contract with damages...further info

I did not remove the rabbits and the equipment without her consent. She wanted them off the property. She called me to tell me that she changed her mind and did not want them. I did provide her with an address and a phone number but not by the 17th of June. She received our address and phone number on June 20th. At that time she claimed that she could not pay me until July but would then begin to make weekly payments. When she called me on July 4th...........she made it clear that she could not take care of them or feed them and that she wanted to get out of the contract. She helped us move these rabbits off her property. Vicki

 

[JETX]

Here is what your post said:
"Our intention was to go back after the holiday (and during the day) to start collecting the rabbits and their equipment. What we found made us remove all the rabbits as well as everything else included in the sale immediately."
You don't say anything about this being at the buyers request.... or with the buyers permission. The implication is that you decided to do this "immediately" due to the conditions as you found them.


Bottom line... do you really want to invest the time and emotions to pursue a court case.... especially considering you already accept that you will get little or nothing from them as they "are not well off"??

 

[kieve101350]

breech with damages

Yes, this was with the buyer's permission. She wanted the rabbits and the equipment off her property as soon as possible. We were the ones who wanted to delay the removal until the next day or so as we were not prepared to take them back when the buyer called us. We had to find emergancy housing for them and friends with trailers so we could move them. (Which we did even though it was the middle of the night.) Please remember that after selling the rabbitry we moved and we no longer lived in an area where we could have the rabbitry.
As of now the total loss of life for the rabbits combined with rabbits that were probably sold is 40. Some of these animals were worth 35-40 dollars each. So we received the rabbitry back minus some of the equipment which we couldn't find and minus 40 animals.
Is it worth pursuing this? Are you suggesting that if we won a case against these people in small claims court that this doesn't quarantee that we will ever be paid? Some of my friends claim that this is the true. I guess I misunderstood what small claims court was all about. I thought a judgment against someone in small claims would quarantee some kind of payment from these people even if it is a small payment per week or month. What is the point of going to small claims if payment of a judgment can not be quaranteed? These rabbits were worth about 400-500 dollars depending on whether they were breeders, show bunnies or meat bunnies. We sold them healthy rabbits and got back dozens of sick, injured and emaciated animals. It will take weeks to undo the damage done to these animals. Plus, the friends that helped us did so at their own expense and we reimbursed them their gas and time. We also have to drive 100 miles daily now to feed and care for the remaining rabbits until they are sold again.
This just isn't right. We sold this rabbitry in good faith and with a carefully worded contract witnessed by our neighbors. Then we moved. What good was the contract if it can't be upheld through a judgment against the people who bought and decimated the rabbitry. It seems so wrong that they can just walk away free of any financial responsibility for what they did to these poor animals. And, to add insult to injury, the buyer is refusing to return the rest of our equipment as she said we took her water bottles. We have found 9 of her water bottles but have discovered 22 of ours are gone. The value of the equipment that we haven't recovered is over $200. Vicki

 

[JETX]

Are you suggesting that if we won a case against these people in small claims court that this doesn't quarantee that we will ever be paid?

Absolutely. This is a common misconception of the legal system, in believing that the judge or court will somehow pursue the awarded compensation from the losing party. It simply doesn't work that way.... it is up to the prevailing party to use the available legal processes to try to recover the award. And some people are simply judgment proof.... meaning they do not have sufficient non-exempt assets for the judgment creditor to try to seize.

For example, your state (NY) exempts the following debtor property from seizure, garnishment or levy:
Homestead: Real property, including co-op, condo or mobile home, up to $10,000. Husband and wife may double the exemption.

Pensions and Retirement Benefits: ERISA-qualified benefits needed for support. Funds exempt for public retirement benefits of state employees and village police officers. IRA exemptions for conventional, Roth and SIMPLE plans, limited to contributions that are made more than 90 days before court action.

Insurance: Annuity contract benefits due or prospectively due the debtor, who paid for the contract; if purchased within 6 months of filing for bankruptcy and not tax-deferred, only $5,000. Disability or illness benefits to $400 per month. Life insurance proceeds and avails if the person effecting the policy is the spouse of the insured. Life insurance proceeds left at death with the insurance company pursuant to agreement, if clause prohibits proceeds from being used to pay beneficiary's creditors.

Personal Property: Bible. Schoolbooks. Books up to $50. Pictures. Clothing. Church pew or seat. Stoves with fuel to last 60 days. Sewing machine. Domestic animal with food to last 60 days up to $450. Food to last 60 days. Furniture. Refrigerator. TV. Radio. Wedding ring. Watch to $35. Crockery. Cooking utensils and tableware needed. Burial plot without structure to 1/4-acre. Cash, the lesser of either $2,500 or an amount, that, with annuity, totals $5,000 in lieu of homestead. Health aids including animals with food. Lost earnings recoveries needed for support. Motor vehicle up to $2,400. Personal injury recoveries up to $7,500 (not to include pain and suffering). Security deposits to landlord. Utility company trust fund principal and 90% of income. Wrongful death recoveries for death of person who supported you, to the extent needed for support.

Tools of Trade: Farm machinery, team, food for 60 days, professional furniture, books and instruments to $600 total. Uniforms, medal, equipment, emblem, horse, arms and sword of military member.

Miscellaneous: Business partnership property. Alimony. Child support necessary for support.

Wages: 90% of earnings from milk sales to milk dealers. 90% of earned but unpaid wages received within 60 days of filing for bankruptcy (100% for a few militia members).

Public Benefits: Unemployment compensation. Workers compensation. Social Security. Home relief. Local public assistance. Aid to blind, aged and disabled. AFDC. Veteran's benefits. Crime victim's compensation.

Wild Card: None

Some of my friends claim that this is the true.

Your friends, some of them, are correct. I have read that as many as 79% of all civil judgments go uncollected.

 

[kieve101350]

Breech of contract with damages

Well, I'm taking your advice and walking away from this mess. After ensuring that the remaining rabbits are well and on their way to full recovery, I sold the rabbitry for pennies on the dollar to the person who helped me recover it on July 4 and 5. She will sell most of it and make a tidy little profit and she deserves every penny she makes on it. As for those awful people that did this to these animals? People often say 'What goes around, comes around.' I don't know if this is true but my experience with life is that you get back from life just exactly what you put into it.
As for small claims...........what a farse! Judge Judy makes it seems so simple and for sure! Ha! Laws that protect the debtor probably makes some sense but are there laws that protect the seller as much? Seems like the seller gets the short stick in way too many situations. I was stupid enough to think that because I had a signed contract that I was safe. Vicki