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E-mail Binding Contract?

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freyas lore

Junior Member
What is the name of your state (only U.S. law)? CA

I purchased a kitten from a breeder in MA (kitten #1). As the litter grew there was a littermate (kitten#2) that was not growing and the breeder could not sell so she canceled kitten#2 transaction. She asked if I would be interested in HAVING kitten #2 so she could grow up with her littermate for whatever life she might live. I agreed to give the 'sick' kitten a home. I have a paypal receipt that states how happy she is that I am buying kitten #1 and 'sick' kitten #2 can come along at NO EXTRA COST. I made flight arrangements and purchased pet carrier. Seven days prior to flight the breeder has kittens vet check and stated the vet gave the kittens the ok to travel. When I arrived to pick up kittens she tells me since the vet gave kitten #2 a clean bill of health if I still wanted her I needed to pay her. Like I mentioned I have email from this breeder outlining all of the above events.

Also, in dealing with the same breeder, I intended to purchase breeding rights for kitten #1anticipating the start of my own breeding program. All of this was outlined in emails prior to and since taking possesion of kitten #1. The breeder told me breeding rights were $600.00 over and above the purchase cost (I still have the email stating such). She suggested I wait to register the kitten until I had paid her the breeding rights cost as it would be difficult re-register her later as having breeding rights. Since, I was scammed into having to pay for kitten#2 it took me a while to save up the breeding rights cost. Now I am ready to purchase the breeding rights and the breeder tells me the cost is $900.00.

Is this all legal? Should this breeder continue to be allowed scam people? I would have never purchased kitten #1, not to mention kitten #2 if she had been honest up front. So now I have two very expensive cats that are useless to my breeding program. I would consider taking her to small claims court. Can I file in CA or do I have to file in MA? Is email binding? What can I sue for? Just the difference in the breeding rights cost, or the entire cost of these cats, what about the cat that was given to me and then charged for?
 



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