I gave him away with a caveat....... Whose dog is it?

A

angieward_2000

New member
Whose dog is it?

My boyfriend’s coworker found a stray dog in Orange County and took him in to try to find him a good home. Unfortunately after two weeks with no success the co workers landlord gave him an ultimatum and he was forced to give the dog up. My boyfriends volunteered to take the dog as we are both dog lovers and were confident we could find the dog a home in the San Fernando Valley!!!

I received the dog on Saturday and fell in love with him between then and Monday when I went to work. Although I wanted to keep the dog I felt that two dogs was too much of a burden at the time.

At work on Monday my co worker said he would take the dog. I repeatedly told him if anything does not work out with the dog let me know and I will take the dog back. He agreed.

Here we are 3 weeks latter and I have found out that after the snip snip scheduled for 08/02/11 my co worker is going to give/sell the dog to a coworker or give it to an X girlfriend.

I AM OUTRAGED and to prevent getting loud at work had to stop the conversation. I didn’t realize how much I liked the little guy until this happened, I didn’t think I would cry over this but I am!!!!

So my question is this. Who’s dog is it?

Should I look at it like: I gave the dog away and have no right to be concerned with it’s future or what his new owner decides.

Or should I look at it like this: the co worker only received the dog because he agreed that he would give the dog back it there were any problems or issues, so I should get the dog back.

And if you believe I should get the dog back what recourse do I have. Should I sue him?
 
First, understand that a contract does not have to be in writing to be enforceable, unless it involves real property rights (real estate), which this one does not. So, if it is in fact a "contract," you most definately can prevail in a lawsuit.

But, since it won't be a written "contract," you'll be relying on testimony alone, so your co-worker will have to admit to essentially the same facts as you have described here, otherwise you have no evidence of the terms of your agreement.

In order to have a valid enforceable contract, you need three things:
1. Offer
2. Acceptance
3. Consideration

You have #1 and #2, and your caveat, let's call it "first right of refusal" would certainly be enforceable in any jurisdiction in the land.

"Consideration" is the missing piece of the puzzle. You gave him a dog -- what did he give you in return?

If got nothing in return, then you have no contract, and he's just an asshole but not an enforceable asshole.
 
Let's see:
The dog was originally a stray.
You were in possession of the dog for 3 days.
You gave the dog away.
The new "owner" found the dog a new home.

You don't have a leg to stand on with this one. Suing would be idiotic.
And just out of curiosity, was there ANY effort to find if he had an actual owner prior to this?
 
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