So I have to remember to keep my emotions out of this as this was a Sale of Chattle (gotta love that term). Sale was based on an advertisement stating Chattel could be registered or was registred (presently don't remember the exact words but that's the gist).
Now in order to be registered, both Chattel's Dam and Sire must be registered AND the litter must be registered. To be registerable, the Dam and Sire are registered but the litter has yet to be but can be registered that's about the only difference wtih AKC, nothing else matters.
I was told verbally and in writing (text mesage) that the litter was registered, then it was not, then it was several times from September to the present. So the effort and intent to register is there, but the registration has yet to occur.
The Origianal verbal promise (let's remember verbal does not stand up in court) was "the papers are on their way, I should have them in 2 weeks then I'll mail everyone their paperwork, so 3 weeks from now you should have it."
What does stand up in court, original advertisement of chattel, text messages and a witness who was told the same thing as I.
So yes, I have a case. Been to small claims before and I know I have a case. The last judge I saw told me very firmly and directly if it's in writing it stands up in court, if it's verbal it means nothing. Had an issue with a landlord verbally evicting me 12 years ago over a pet we acquired after we already had been given verbal approval to have a pet and had an existing one in the residence. Just cause he stands on the porch and yells at you and tells you to leave does not mean you have too, he must serve a notice of eviction. You don't have the right to just leave, otherwise he's entitled to your last month's rent, thus I owed a month's rent. The things I wish I knew then and now I know.
Just because I do not have a signed contract does NOT mean it does not stand up in court. The advertisement states what is to be sold, the text messages back it up. Even without a contract for the chattel, I have a receipt stating I bought the chattel and for how much and from whom. That sale is based on the advertisement not on some contract written up by a standard person, not a breeder.
I know what a breeder is, my mom bred AKC Beagles for 15 years and showed them, till I was 14. She had contracts, 12 dogs and tons of puppies. I still have several of her award winning trophies. We had dog runs, a 10 acre spred and I was responsible for feeding the dogs in the afternoon. So yes I know what is meant by a contract and what a breeder really is. This is not that type of scenario at all.
This is *** and Jane had 2 dogs, 1-2 yr. old AKC male, 1-18 month old female. Female came in heat at 6mon, the again at 9mon. They didn't expect the second heat soo soon, so they didn't catch the two before breeding occurred. It was not their intention to have puppies but it happened to *** and Jane. So *** and Jane advertised the dogs for sale as AKC puppies. Now we have this mess.
Here's the real kicker for those who have not gone to small claims before, just because you have a contract doesn't mean you'll win or lose, it may not hold up in court no matter that you think it might. What does hold up is advertised item, sale of item, and attempt to follow through along with failure to produce what was advertised in a timely manor even with follow through. That stands up in court. It shows the intent, the purchase and failure to provide what was purchased.
The problem I am having is how do I file this small claim as a Breach of contract (even though I do not have one) or as a Fraud.