Legal Question in Civil Litigation in Virginia
Show Dog Co-ownership Contract
Breeder (''B'') sold $750 1/2 interest in show quality pup to Co-owner (''CO'') who agreed to show dog. If CO was unhappy with dog for any reason, dog returns to B - standard industry practice; CO understood/agreed to.
CO sold dog w/out B's knowledge or consent; never informed B that unhappy with dog; denied B first right of refusal. B taking action in small claims for return of dog.
1 1/2 yrs. ago B demanded dog be returned. CO unable to produce dog as pet home non-compliant - 3x CO tried to steal dog from backyard. Pet home demanded money. A mo. later, CO called that dog was available. Could pick-up could be postponed as B had bitches in season? CO said yes.
CO never again mentioned dog. 3 mo. later, B volunteered status; 2 dogs returned, so postpone pick-up? CO said yes w/out condition.
B now wants dog. CO alleges B was ''offered'' dog when produced first time. B believes this does not constitute ''offer'', as return had to be demanded.
Does B's demand constitute first right of refusal?
Does CO's producing dog upon demand constitute ''offer''?
Should B name pet owners in action as they still possess dog?
Can witness w/same exper. with CO testify to estab. CO's history of behavior?
1 Answer from Attorneys
Re: Show Dog Co-ownership Contract
You have raised a whole series of factual questions as well as questions of law(Was there an enforceable contract?)--all of which should
be addressed to an attorney practicing in the same
jurisdiction as the small claims court where the issue may be decided. (Even though the Virginia lawyer cannot represent you in a small claims court action, s/he can advise you as to how you can best prepare to prosecute or defend your case.)
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