Contract Breach: Do I have to take her to court to get my puppy?

This is a discussion on Contract Breach: Do I have to take her to court to get my puppy? within the Small Claims Courts forum, part of the Civil Litigation category; Greetings from Maine, I have a contract, signed and dated with a person who used to be my friend. The ...

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Old Nov 14th, 2010, 11:46 PM   #1
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Default Contract Breach: Do I have to take her to court to get my puppy?

Greetings from Maine,
I have a contract, signed and dated with a person who used to be my friend. The contract states I am to receive first pick of the litter from our co-owned stud bred to either one of her two females. She got upset with me, sent me a nasty email accusing me of various things and told me she was going to sell the pup I was suppose to pick out and give me the money. I decided just to be free of this person I would accept her offer but she changed the offer reducing the money by half, among other things. I have rejected her new offer and now want what my contract states: pick of the litter from our co-owned stud dog from 2010. The pups are due any day now.
Do I have to take her to court to get my pup?
Can this be settled in small claims court or will the puppy be considered property and not be allowed.
How do I get this person to honor her contract?
Sincerly,
K
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Old Nov 15th, 2010, 12:36 AM   #2
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Default re: Contract Breach: Do I have to take her to court to get my puppy?

You have the right to get your contract executed. In other words the other party cannot deviate from the terms contract, she has to fulfill the terms of the contract in order to legally execute the contract. From the facts it could be understood that, now she is not willing to comply with the terms of the contract. That means she has breached the contract. For which, you can file a suit for breach of contract. You can initiate proceedings before small claims court; the maximum limit is $15,000 in most US States. You can compel her to fulfill the terms of the contract; if she is still reluctant to obey with the terms of the contract you can directly approach the court for breach of contract.
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