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verbal agreement disregarded

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ferretmomo

Junior Member
What is the name of your state? PA
My husband and I have a ferret rescue. Sometimes we breed a few litters. A few years ago we were planning to go away and looking for someone with ferret knowledge to take care of our animals for us for the few days we would be away. A woman who was a volunteer at a local ferret club was recommended to us. We met and because we trusted her references we had her take care of our animals while we were away. We paid her for her services. We only go away once or twice a year, but after a few times she asked if when we had a litter if she could have one of the kits, in exchange for occassionally helping us. Since we had gotten to know her we told her it would be o.k., as long as she agreed to have the kit neutered when he was old enough, and not breed with him. She said that was fine as she had no intention of breeding. That next season we did have a litter and she came to take home her new boy in August 2003. Again at that time we told her he must be altered by Nov./Dec. 2003. She said not a problem she would take him to her vet.. We saw her in spring of 2004 at a ferret show with the boy she received from us, still unaltered and showing him in the Breeder division of the show. I asked her why she had not had him neutered and she said she saw no need to as she was not breeding and she wanted a big breeder boy to show. I again reminded her he must be neutered. I called again in June and asked if he was neutered yet and she said she was going to have him neutered at the end of June. This past week I have since found out that he is still not neutered. I once again contacted her She said she did not have the money right now to have him neutered. I told her that she can take him to our vet. and have it done and we will pay for it. She refused. I have since found out that , by her own admission, via email letters, that she was breeding even before she took the boy from us. And she bred two litters this year, by her own admission. I have also found out by witnesses that know her that she has tried 3 times to use him for breeding. Fortunately the one girls wasn't interested in him, then he wasn't interested in the other, and the third girl had a false pregnancy. I told her that I have heard she has bred with him and she has done nothing but send me nasty emails, and a nasty voice mail. We have tried to reason with her nicely, but she keeps telling us that he is hers and she can do anything she wants with him. We reminded her of her verbal agreement and she says she will have him neutered when she feels like it. I have several witnesses to her bragging about breeding him and him having babies for her. So now she is using our breeding lines which we spent years working on. Usually ferret breeders charge $300-$500 for a breeding ferret. We told her because she did not have him neutered as per our agreement we want him back. We would never have let him go otherwise. Our written contract does state that all kits adopted must be neutered either by the adopters vet. or our vet., by the time the ferret is 9 months of age. She says because we did not have a written contract she does not have to give him back. Do we have any recouse in a small claims court to get the ferret back from her? She has also not kept up with his shots and ADV testing that we require. Any advice would be greatly appreciated!!!!!
 


JETX

Senior Member
ferretmomo said:
Our written contract does state that all kits adopted must be neutered either by the adopters vet. or our vet., by the time the ferret is 9 months of age.
And of course, your written agreement has very little value in this issue, since the agreement wasn't 'in play'.

She says because we did not have a written contract she does not have to give him back.
She is NOT correct. If you can convince a court that an agreement (written or verbal) exists, the court could rule for the return of the animal due to her breach.

Do we have any recouse in a small claims court to get the ferret back from her?
And there is the problem. Most small claims courts are limited to money issues only and will not hear an issue regarding 'return of property'. If your courts are that way (and they probably are), the court could only award the monetary value of the breach.
 

stevek3

Member
Your post was so jumbled and long, that I fell asleep one-third of the way through it. Sorry.

However, on a separate issue I noticed prior to dozing off, why are you in the business of rescuing unwanted pet weasels, while simultaneously adding to the unwanted pet weasel population? Not only are you part of the solution, but you're also a clear part of the problem. You can't have it both ways. Pick one.
 
S

seniorjudge

Guest
ferretmomo said:
So since small clains court is not really an option , can I file a Civil suit against her?
Yes, but you will spend more than what the little weasel is worth!

BTW, if you hit your ENTER key a couple times while you are writing a post, it makes it a LOT easier to read. Thanks.
 

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