Aurora, CO asked in Contracts for Colorado

Q: Can a person sue me/take me to court over a made up verbal agreement?

I am a dog breeder and used this person's stud. They wanted a puppy from the litter in exchange for stud service. They mentioned wanting a female or male. There was never once any mention of this being the pick of the litter puppy. Just a puppy. Now they are saying they were supposed to get the pick of the litter because they googled it and they want this rare puppy from the litter that I am keeping back. I offered them any of the other 2 puppies, which she refused. I offered to pay her, but she says she wants this specific puppy and that she will pursue legal action if I don't give it to her. This was all verbal nothing written but she is making up that I told her she gets pick. I specifically did not use any wording even implying that she would pick first from the litter. She is also threatening to tarnish my breeding business and has sent crazy messages to me. Oh, and she offered to have us pay $700 in lieu of a stud fee over text message before this.

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1 Lawyer Answer
Floyd Edwin Ivey
Floyd Edwin Ivey

A: Who are the witnesses to the spoken agreement. Just you and the other person? Are there any who were nearby and heard or could hear the discussion? If its your word against her word then the court room presentation to a judge may turn on the difference in value between the "pick" and the other puppies. You may apply a cost benefit analysis as there will be costs in going to court. Court may not be selected by either party with the opposing deciding to rely on the threat to your business. Disruption of business may subject the opposing party to court. Your ability to rely on others who can attest to your quality of services as the response to any attempt to disparage your name and business services. The written contract spells out terms. When only spoken the probabilities are difficult to estimate.

If the contention is not resolved and court is apparent then you will be served by asking your attorney to research and give you an understanding of the outcome of other "spoken word" contract disputes.

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