Legal Question in Civil Litigation in Utah

Money issue

I studded out my male shar-pei and in return I got pick of the litter. The owner of the female shar-pei registered the puppies after I had taken my pick. She was goind to send the papers to me when they came in. The male shar-pei is registerd with AKC and the female is with CKC. Neither of us new this but when you register the puppies they have to be CKC. I had sold the puppy that I picked for $1000.00 and had her give me 2 checks, one for $500.00 that I could cash then and the other $500.00 in a post dated check that I would cash when I gave her the papers. When she gave me the money I told her the dog would be AKC registered. When I got the papers in the mail they were CKC. I told the new owner and she cancelled the post dated check. I would have charged the same amount of money if I had known that the dog was going to be CKC instead of AKC, but she feels she shouldn't have to pay it. I need to know what I can legally do to either get the puppy back or get the $500.00 dollars she still owes me.


Asked on 5/08/07, 11:39 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Money issue

This is a case of mutual mistake, and the remedy is to restore the parties to their original position. Tell the buyer to pay you the $500 or return the dog. If she refuses, sue her in small claims court.

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Answered on 5/08/07, 11:46 am


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