Small Claims Court Question

[Confabulist]

I bred my male German shepherd to a female on a verbal agreement with the owner in exchange for $700 or pick of the litter. At the time (Feb 2000) I already had 2 dogs and agreed to the $700. Later, a friend of mine lost her dog, so I asked the owner of the female if I could have a pup instead and give it to my friend. The owner agreed (with my friend as witness), but the owner then backed out, saying that she did not feel my friend would make a good enough owner. We accepted that, reluctantly. Last Friday, my dog was killed by a car, so I asked the owner of the female if I could have one of his pups. She said I could, but then called back later to say that there was a co-owner of the female (whom she declined to name) who would not release a puppy at all.

In St. Mary's County, Maryland, the Small Claims Court will hear cases involving only money, so I cannot sue there specifically to get a puppy.

Can I sue for more than the $700 stud fee (up to the small claims court limit of $2500), on the grounds that my shepherd was worth $3000 (what I paid and have a bill of sale for), in the expectation that the owners of the female would prefer to provide the puppy rather than risk having to pay more than just $700 in cash?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Confabulist:
I bred my male German shepherd to a female on a verbal agreement with the owner in exchange for $700 or pick of the litter. At the time (Feb 2000) I already had 2 dogs and agreed to the $700. Later, a friend of mine lost her dog, so I asked the owner of the female if I could have a pup instead and give it to my friend. The owner agreed (with my friend as witness), but the owner then backed out, saying that she did not feel my friend would make a good enough owner. We accepted that, reluctantly. Last Friday, my dog was killed by a car, so I asked the owner of the female if I could have one of his pups. She said I could, but then called back later to say that there was a co-owner of the female (whom she declined to name) who would not release a puppy at all.

In St. Mary's County, Maryland, the Small Claims Court will hear cases involving only money, so I cannot sue there specifically to get a puppy.

Can I sue for more than the $700 stud fee (up to the small claims court limit of $2500), on the grounds that my shepherd was worth $3000 (what I paid and have a bill of sale for), in the expectation that the owners of the female would prefer to provide the puppy rather than risk having to pay more than just $700 in cash?<HR></BLOCKQUOTE>


My response:

No. You're only entitled to the agreed value of the puppy, $700.00, as your stud fee. You're correct that you cannot sue for "specific performance" in Small Claims. But, that doesn't mean that the judge can't "do equity" and strongly suggest that a puppy be turned over to you. The judge just can't "order" that to happen; but, if the owner agrees, and brings a puppy to court, an exchange just might occur right there, and the judge will dismiss the case.

IAAL




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