A friend of mine placed a breeding kitten with me last year.She was under a written contract I found out a year after the fact to not place any breeding cats unless it was in writing with the person she got her cat from.The two people were good friends, worked well together, and made 5 oral agreements to sidestep their contract and allow my friend to place breeding cats, I was one of them.The two friends then had a disagreement and parted ways.Now, a year later, I hear that the person who had the male is threatening to sue my friend for this oral contract (but not the others)My friend has emails talking to me and others about their kittens that were placed through an oral agreement.1) I bought this cat without knowing there was any type of cloud on the purchase... 2) I have spent a lot of time, love and money with this cat over the past year.3) Could my friend be made to take my cat away from me against my wishes?4) Could I be made to neuter my cat?One person above lives in Louisiana, the other in California. The person selling the cat lives in Louisianna, and the person who got the cat in California. The contract was written by my friend in California. The sale would be considered in what state? Can the person in Louisiana file in Louisiana? I live in still another state. Could I be brought into this lawsuit? How do I or can I protect myself?
Country relating to Question: United States
so far just talking to the person who placed the kitten with me...she is not trying to get it back, but she says they may end up in mediation and she may be required to ask me for the kitten (now a cat) back...
3) No, it is extremely unlikely since you were a "good faith purchaser for value". That protects you.4) No. The sale to you would be covered by the laws of whatever state you are in and if they sued you somewhere else you could have that case dismissed.You really don't have to do anything right now. You certainly can give the cat back if you wish but you also have the right to receive compensation for it and you can ask for whatever you want and if they don't give it to you then don't give the cat back. It is unlikely anyone is going to pursue you for the cat due to the expense and the fact that the law isn't in their favor.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Are you still able to see this? Is there any kind of statute of limitations on this kind of issue? This happened in May 2011.. just curious.. thanks
I can see this and it would likely be a 4 year statute of limitations in CA and a 10 year statute of limitations in LA. Both of these are based on it being a contract type of theory, which suits your facts best.
I have some of the previous facts mixed up, but here are some other questions around this:
1) the person who had her cat bred to another person's cat for a fee, with restrictions on placing offspring without written permission, was in CA , the person with the stud cat was in LA, the kittens were born in the first state above... the contract was written up by the person in the first state (CA)... the people who originally agreed on the contract and were friends made subsequent oral agreements to supersede their contract requiring written permission, including one I am referring to...however, the person in LA reneged on one of the oral contracts after the fact and is threatening to sue in small claims court.. there are people to attest that there were other oral contracts that the two people agreed to and let stand... which state has jurisdiction in small claims court? What kind of remedy could be asked for? sorry for the complicated question(s)... also in the case of Internet business, it that considered doing business in all states, or doing business for legal purposes in the state where the transactions get completed? Also, if this is a "hobby" and not a business, where does that fall regarding "doing business in a particular state" vis-a-vis jurisdiction
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