Legal Question in Civil Litigation in Texas
bought dog--now they want dog back and are sueing
I had verbal agreement with someone to purchase their dog. We agreed on a one week trial period during which time both sides could change their mind. This was on a Sunday. Friday of the next week, I brought dog by to visit and touch base. They gave me all remaining dog supplies and said only two more days until trial over and dog ours. Then the following Wednesday, they said they want dog back. They never cashed my check of payment. Unsure of options.
I appreciate any advice you can give me,
Thank you
2 Answers from Attorneys
Re: bought dog--now they want dog back and are sueing
If the check was good when you gave it to them, the dog is yours; bought and paid for.
Tell them they might as well cash the check, because you're not giving back the dog.
Re: bought dog--now they want dog back and are sueing
Although your facts are a little vague about what weeks you refer to, I assume that it was on the 17th day (and not the 10th day) that they announced that they wanted the dog back. The subject of the message is "bought dog--now they want dog back and are sueing." Thus, I assume that you already have been sued. Also, I assume that it is in Small Claims Court. Be sure to answer the case so that a default judgment is not entered. Then at your trial you can produce the calendar showing that they have gone 3 days beyond the rescision time. If this is a very expensive or valuable dog, and you have been sued, you ought to contact an attorney.
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