Regaining possession of co-owned dog

[dogperson]

Hello,
I am a dog breeder that co-owns a dog I bred with another person. This dog was placed with her at 10 weeks of age - there was no money exchanged. Her, myself and my husband are the three owners.

We have a contract that states the dog will be made available to me to attend a very prestigious dog show and she is refusing to give me the dog to attend this show.

I would like to regain custodial ownership of this dog - do I have a leg to stand on here? Breach of contract maybe?

Thank you to anyone that can help.

 

[mightymoose]

Yes, you do.

 

[jharris352]

You certainly have a breach of contract action. One does not have custody of a dog, they have possession. I know that's a legal definition but it is none the less legally correct. Whether or not you can force a change of possession is unknown. I suspect you can enforce the contract. I doubt the judge will change the terms of the contract, only order that the contract be adhered to and that damages from the breach, if any, be paid. If the other party continues to breach there may be a case for transfer of possession as well as contempt charges. Does that help?

 

[dogperson]

Yes, this helps and thank you so much for your answers!

This co-owner has also recently breached a different part of the contract by refusing to sign off her ownership on two other co-owned dogs. I had to send the contract and information to AKC case management. They contacted her and she has now signed off on these dogs. I do not know if she willingly decided to do this or if they recommended that she do so based on the contract so they would not be forced to make the decision.

Basically, this is the second breach that is happening now so I do see a pattern. Does that mean anything in the legal world?

I'm also worried that she will breach another part of the contract, which is the dog will be made available to me for semen collections and stud service. Breeding dogs is based on a narrow window of breeding days and getting the timing right.

Could this pattern of breach be beneficial in obtaining possession? Thanks again so much - I really appreciate all this help.

 

[jharris352]

Absolutely I would argue that her pattern of behavior shows her bad faith in negotiation and execution of the contract. You might be able to regain possession of the dog because of her bad faith actions.

 

[dogperson]

Thank you jharris!! One other question (for now)... Does this sound like a small claims case or would another type of court be recommended?

 

[jharris352]

Well technically you want a specific performance case, which is only reviewed in a court of equity. But I think you can get away with this one in small claims court.

 

[dogperson]

jharris, I LOVE your signature line.... how true - LOL!

Jurisdiction question... my county, or hers? The dog was bred and raised for 10 weeks in my county at which time he left to live with her in a different county. Contract was done via internet and does not state which county any cases would be held in.

 

[jharris352]

The contract should always state the law that the contract is construed under and if possible the venue. Since yours does not, it is likely you will be forced to handle this in HER jurisdiction.