Show Dog Co-ownership Contract
Breeder (''B'') sold $750 1/2 interest in show quality pup to Co-owner (''CO'') who agreed to show dog. If CO was unhappy with dog for any reason, dog returns to B - standard industry practice; CO understood/agreed to.
CO sold dog w/out B's knowledge or consent; never informed B that unhappy with dog; denied B first right of refusal. B taking action in small claims for return of dog.
1 1/2 yrs. ago B demanded dog be returned. CO unable to produce dog as pet home non-compliant - 3x CO tried to steal dog from backyard. Pet home demanded money. A mo. later, CO called that dog was available. Could pick-up could be postponed as B had bitches in season? CO said yes.
CO never again mentioned dog. 3 mo. later, B volunteered status; 2 dogs returned, so postpone pick-up? CO said yes w/out condition.
B now wants dog. CO alleges B was ''offered'' dog when produced first time. B believes this does not constitute ''offer'', as return had to be demanded.
Does B's demand constitute first right of refusal?
Does CO's producing dog upon demand constitute ''offer''?
Should B name pet owners in action as they still possess dog?
Can witness w/same exper. with CO testify to estab. CO's history of behavior?