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Under MI law, your puppy is considered property and as such you cannot seek emotional damages under damage to property or breach of contract
, which are your two claims here. If you have a contract with the breeder that guaranteed the puppy would not have a hereditary disease and if as you said the contract says you would be refunded, then you would need to sue her for breach of contract and you can recover any costs incurred from the breach of contract, including vet bills and cost of the puppy. However, under MI law, the limit in small claims is $5500, so that is the most you can sue for and recover in small claims. If you want more money, you have to sue in the regular civil court for the damages you suffered from their breach of contract.
So, you have to decide whether to sue in small claims for the maximum $5500 and that is all you will recover or whether or not to sue in the regular civil division and seek the full actual damages (no emotional damages), but you do have a right to sue if your contract provided protection.
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