Legal Question in Wills and Trusts in California
Breech of oral contract/agreement
Conditions and terms of the oral contract made and aggreed on by both parties:
Defendant/s are the Estate Executor/family of the deceased Miss Terra Trice.
Terra Trice was a former employer who owed $450.00 for pet care services for her three horses and one dog performed just prior to her passing away.
Offer was made by the Estate Executor and family of Terra Trice to give give me one of the horses which I preformed animal care
services for, a painted gelding named Hornet, would be given to me as payment for the balance of $450.00 still owed by Terra Trice. I was told to pick my horse up by the following week.I made arrangements to board him at a boarding facility nearby and when I called to pick my horse up they informed me that they had given the horse away and would not disclose where or to who they gave him to.I have phone messages saved from family/executor referring to me picking up the horse as proof of there being an oral contract/agreement of the horse being given to me..And I have witnesses including neighbors of Terra Trice and my mother who also witnessed the oral agreement.
1 Answer from Attorneys
Re: Breech of oral contract/agreement
The offer to give you the horse in lieu of the $450 is probably not enforceable, but you should be able to collect the debt from Ms. Trice's estate. If there is a probate estate, you can file a Creditor's Claim. If there is no probate, your best bet for such a small debt would probably be to file a suit against the Executor in small claims court.
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