Legal Question in Civil Litigation in Florida

Contract Breach

My wife purchased and signed a contract for a dog. The contract had severals clauses including on that stated the dog must remain in her posession. It can not be sold or given away. Since then, my wife passed away and I had to moved into an apartment which does not allow the dog. The dog now lives with her brother a few miles away. I still see the dog daily. The breeder first said I must return the dog and forfite our payment of $3,000.00. They now says I can keep the dog but wants me to sign over the AKA papers indicating them as the primary owner. Where do I stand?


Asked on 4/30/07, 2:57 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Contract Breach

I'd realluy need to see the contract to make sure. It depends on what the intent of the parties is. You have a latent ambiguity in the contract because your wife died and the contract presumably does not cover that possibility. It is hard to imagine that the intent was that the dog would be returned if she dies. The purpose was so that you could not go out and breed the dog -- that it would be a pet only (that's usally how it works). Without seeing the contract it's hard to say. How long did you have the dog? I don't think that the court would make you retuyrn the dog and not get a return of the money. That is not fair either.

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Answered on 4/30/07, 5:49 pm


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