QUESTION
When I file a claim for breached contract for pick of litter, does that mean thwy cannot sale any puppies til after court?
Asked on Jan 06th, 2016 on Breach of Contract - Idaho
More details to this question:
We had a stud dog that we bred out with a verbal contract (and tx messages) saying we got pick of the litter when they where born. Now the owner of the Bitch says she wont give us a puppy. We are wanting to go to small claims for this but with how long it can take to go to court I dont want her to sale my puppy to someone else before we get a chance to get one. We sent our own letter to cease and desist the sale of the puppies til she talks to us but she wont reply. When we file the small claims paper do we need to do anything else with it or will that be enough so she cant sale any til after court? Any info would be great. Thanks.
1 ANSWER
The suit is not enough. You would need a preliminary injunction enjoining the sale pending the outcome of the litigation, and in NY (I don't know about Idaho), small claims courts don't have the power to issue injunctions. You'd have to sue in a court of general jurisdiction, make a motion for a preliminary injunction, and obtain a temporary restraining order enjoining the sale pending a decision on your preliminary injunction motion. The terminology may be slightly different in Idaho, but that's the basic idea.
Answered on Jan 07th, 2016 at 9:21 AM