Lowry was still going to try to replace the cat, until a few days later when Zizzo dumped her cats at the pound. At this time Lowry discovered that Zizzo was not allowed more than one cat where she lived, and certainly not a breeding colony.
At that time Lowry decided that it would be irresponsible for her as a breeder, to place another cat in this situation. There was no way that money would be refunded after a year of the cat being out of her possession, and having to deal with the nonpayment issues she had endured with Zizzo among all the many other issues. And let's remember here that legally she no longer had any agreement with Lowry, having already breeched it many times.
We wonder why Zizzo thought that the contract she signed only had value when she wanted something! She had ignored her given word for a year!
How many ways did Zizzo breech her contract with Lowry?
Let's count them
1. by not isolating the kitten and
exposing it upon arrival to her other cats
2. by not taking it to the vet and running all the required tests when she
received it
3. by not paying for the cat when promised
4. by not having the "required for replacement" necropsy performed
5. the health warrantee part of the contract is rendered null and void as soon
as she placed
this kitten with all her other cats
6. by signing her contract she agrees to "NO REFUNDS" and then demands one
7. by not providing adequate veterinary care for a sick animal
8. the warrantee provided had expired almost 7 months prior to the euthansia.
This contract was no longer valid in the eyes of the law, so Lowry was under NO obligation to replace anything, let alone provide a refund and could have sued Zizzo for breech of contract!
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Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one of the parties to the contract by non-performance or interference with the other party's performance. A material breach is a breach so fundamental that it excuses the aggrieved party from further performance and entitles that party to sue for damages.
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I am sorry for your loss....I have never had one of my kitties die of cancer before. We will wait for the necropsy report from the county vet....I have checked all email links on my website and found only one that was incorrect on the retired adults page. Melanie
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The contract is very specific about the necropsy required if you continue to read on in section #9....I have copied here 9. In the event of death in a kitten up to 6 months of age, and your veterinarian suspects this is due to any disease, deformity, physical condition, illness or defect that is congenital, hereditary or likely to have been contracted on or before the sale and delivery of the kitten to purchaser, a necropsy is required and must be performed by the County of San Diego veterinarian, or similar county or state facility, at purchaser's expense, in order to determine cause of death. No other necropsies will be accepted. Failure to have necropsy performed will void all health warrantees. warranties and NO replacement will be offered. Any replacement will be at the discretion of the seller/breeder
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Shar Dew Cats 4 U <shar_dew@yahoo.com>
wrote:
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Also if I may make a
suggestion to you, I see you have only 6 months on here I have 12 months on
my contract. because in the first 12 month is truly a more accurate frame of
time to know if a kitty will live or die perhaps you should consider
changing that from 6 months to 12months especially for the amount you
charge. A contract should protect BOTH buyer and sell, and not just in
the seller favor! Just thought I would make that suggestion to you The cat was already over the age of one year, actually 15 months.
The law says 14 days from the date of sale! |
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| Melanie Lowry" <lollimops@yahoo.com |
I believe my contract to be extremly fair to both parties......thank you...and you agreed at the time I require as stated in the contract a report from a county facility...I do not accept vet necropsies....never no exceptions.....with all tissue samples tested Same contract almost every breeder uses. |
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Shar Dew Cats 4 U <shar_dew@yahoo.com>
wrote: ** |
Well let me tell you about that. While I was watching her get judged she was
the only cat there in the judging cages that was un-alert and almost
sleeping while all the other kittys were awake and looking around and
acting healthy, that is when I truly noticed that there might possibly be
something very wrong with her. I would say this decline happened within the
past 1 -2 months way before I took her to show. SHe could have not caught
anything at the show.The doctor did find a large mass inside of her called a
enlarged lymp node 3 times the amount the size it should be all deteriated
holding up the intestine area , No again I am going to ask you the same
question. All you require is a necropsy report from the vet, is that
correct? I want a yes or no answer. ** Did she read what she copied and pasted into her first email? |
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| Shar Dew Cats 4 U <shar_dew@yahoo.com> wrote: |
thanks for explaining this. I just spoke to the vet he is sending it to the state and the results will be in some time next week with the report of what it was she was dieing from . So once I get that I will mail it to you thanks There is no state facility! And....she never mailed the breeder anything! |
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| Melanie Lowry" <lollimops@yahoo.com |
Where is that? We never get an answer to this one. |
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Shar Dew Cats 4 U <shar_dew@yahoo.com>
wrote: . |
Yes he sent her to the
state a full report will be done some time next week, that cost me $89.00 .
Then bringing her to the vet cost me $125.00. This is the first time since I
have owned kittys, this ever happened to an kitty. I have never had this
experience ever before, which I feel I am very fortunate. I am also very
fortunate also that I have very healthy cats. I hardly ever go to the vet,
for any real serious life threatening problems. Her health deteriated I
would say within weeks, in no more then 8 weeks is how fast this happened.
The mass he felt inside of her was 3 times the size which was in her lype
node [ mispelled] and 3 other issues I cant remember. I feel this was a
situation that was inside of her just festering.......... The whole
situation was brought to my attention when I brought her to the show. I
watched her in the judging cages and then I watched the other kittys in the
cages. And I suspected something not correct with Glory Anna...........
Glory Anna just had no life inside of her, she was there but not there if
you know what I mean. All my kittys are loose and I can see how each one
acts each day. When a kitty is not moving around and stays in the same place
for long periods of time there is something very very wrong. That is another
reason why I dont like to cage kittys, its not a natural way to have or
own a cat live out its life. I feel its "cruel and unusual punishment" for
that cat to be in a cage day in and day out. See also Glory Anna was
urinating on the floor she did this because she could not hold in the urine,
I had to use bleach to clean up after her. I noticed on your site you have a
cfa logo saying you are a "Cattery of Excellence" if that is so, good for
your cats! As soon as the pathologist sends my doctor the report I will mail
it directly to you. No necropsy was ever done on this cat. And, none was ever provided to the breeder |
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| Melanie Lowry" <lollimops@yahoo.com |
Did either or both of these cats sleep on or near the computer? I have never ever lost a cat or a kitten to cancer in 20 years..... |
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| Shar Dew Cats 4 U <shar_dew@yahoo.com> wrote: |
I dont know if Glory Anna had cancer I am just telling you what the vet told me about the size of a few of her lymp nodes they were 3 times the normal size, And how do you know for sure you did not have any cancer in your cattery for 20 years?...[ Unless you have kept intouch with every single kitten/cat you have sold in the past 20 years, is that possible that you have done this?]. Sometimes the owners dont want to contact the breeder for fear they might of thought they caused the cat to get sick, so you dont know this for certain. And anyway now a-days anything can happen, any time, any place, as nothing is for certain or for sure anymore. And the question about the computer what does that mean? I dont not understand the question. None of my cats ever go near my computer and what parts are you talking about? The monitor? Which part?....... The siamese who died of cancer of the lymp nodes had something wrong with her from birth and this lady sold the kitty to me anyway, you can read about it on the site[ Pedigree-Cat Breeder's Society. Organization] under selling sick kitten go to june colwell page[ it will tell you the whole story] and I did not have a computer at that time. I have been doing alot of reading and I was wondering do you have a cattery that is PKD tested? Because I found out that it seems the persians and himmy's have this problem. I dont have any of mine tested and wonder if I should. I guess we will just have to wait for the pathologist report. What ever it was it had to be inside of her just festering a cat can not just die of whatever in 2 months it just cant happen that fast, disease or whatever takes a certain period of time, for things inside of the kitty to deteriate. |
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| Shar Dew Cats 4 U <shar_dew@yahoo.com> wrote: |
I made a unaccurate statement in my last email. I said to you that this
was the first time a kitty died like this, that is not true, I had purchased
a kitty from a lady named June Colwell and her kitty died of cancer lumps
all underneath all in her lymp nodes at the age of 4 years old and she
accused me of running a kitten mill is why she died. So this is the 2nd
kitty but the first one dieing at only 14 months old!. Just thought I would
share that with you Still complaining about a 15 year old situation! |
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| Shar Dew Cats 4 U <shar_dew@yahoo.com> wrote: |
I dont know if Glory Anna had cancer I am just telling you what the vet told me about the size of a few of her lymp nodes they were 3 times the normal size, And how do you know for sure you did not have any cancer in your cattery for 20 years?...[ Unless you have kept intouch with every single kitten/cat you have sold in the past 20 years, is that possible that you have done this?]. Sometimes the owners dont want to contact the breeder for fear they might of thought they caused the cat to get sick, so you dont know this for certain. And anyway now a-days anything can happen, any time, any place, as nothing is for certain or for sure anymore. And the question about the computer what does that mean? I dont not understand the question. None of my cats ever go near my computer and what parts are you talking about? The monitor? Which part?....... The siamese who died of cancer of the lymp nodes had something wrong with her from birth and this lady sold the kitty to me anyway, you can read about it on the site[ Pedigree-Cat Breeder's Society. Organization] under selling sick kitten go to june colwell page[ it will tell you the whole story] and I did not have a computer at that time. I have been doing alot of reading and I was wondering do you have a cattery that is PKD tested? Because I found out that it seems the persians and himmy's have this problem. I dont have any of mine tested and wonder if I should. I guess we will just have to wait for the pathologist report. What ever it was it had to be inside of her just festering a cat can not just die of whatever in 2 months it just cant happen that fast, disease or whatever takes a certain period of time, for things inside of the kitty to deteriate. |
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| Melanie Lowry" <lollimops@yahoo.com |
I am not going to get into any discussion with you because you become irrational and argumentative. By the way I do keep in touch with a lot of the people I sell kittens to and most of my foundation cats are still alive, Asti’s grandma is now almost 20 years old and still going strong. Asti is 12, Tilly is 14, Poo is 13 years old, Cocomotion just died a month ago , he had a stroke because of high blood pressure and he was 13 years old, Lolli’s sire belongs to my friend and he was just retired last year as a stud and 14 years old…..Gizzy lived to be 16 years old ….died in a house fire…. It was just a simple question….and yes they are finding that animals that sleep on or near monitors are dying as almaring rates of cancer. And yes…I do
test for PKD |
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| Shar Dew Cats 4 U <shar_dew@yahoo.com> wrote: |
I am using Sun SHine as a stud for the first time with a very extreme blue
cream himmy, she is in full heat and she has been in his room since wed and
its sat now and he does not know at all what to do with her. he runs around
with his back arched and I cant figure out what the problem is. Now from my
experience with male kittys that are virgins even the stupidist kittys I
have had knew had to mount and mate a female within 1 day. Its now 3 days
and he does not know at all what he is doing. Have you ever experienced this
before? ANd excately what was his father like? Usually the son carries
basically what the father was in almost all ways. What good will be if he
does not breed? I was wondering if you could offer me some insight into this
issue, thanks Just another complaint! She has been a breeder for more than 15 years, so she is just being obnoxious here! |
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| Melanie Lowry" <lollimops@yahoo.com |
His father was a very agressive breeder from the age of 7 months.....if he hasn't been with any females in all this time he probably has no idea what to do...any more complaints about my cats? |
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| Shar Dew Cats 4 U <shar_dew@yahoo.com> wrote: |
I am not
complaining about your cats at all. I am contacting you you who was the
breeder of the kittys I traded/purchased ffrom you. I just found out that
its normal for him not to be NOT.. knowing what to do, as this is his first
time with a female. I do not breed much and and yes it is his very first
experience dealing with a female. I feel you do not have a good bedside
manner dealing with questions a past “buyer” has about her kitty from you
the seller, is this how you conduct yourself?……..All I am doing is asking
questions and you do not have to be sarcastic about all the question I am
asking you…….I care about my kittys and who else to ask about them is the
person whom I purchased them from?……If you can accommodate other buyers when
they as you questions about their kittys you can be kind enough to answer
all ,y questions with patience and consideration, after all that is what an
ethical breeder is all about, isn’t is?….As far as Sun Shine, I feel he is
just an un proven male and still needs to know how and what to do, my friend
said it is normal so I am not concerned anymore. But that’s so much for all
you have shared thus far. Lowry has answered and re-answered so many of Zizzo's questions, is Zizzo just antagonizing or completely obtuse? |
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| Melanie Lowry" <lollimops@yahoo.com | Frankly Rosemarie I am tired of all the complaints and lectures from you,...I am an ethical breeder but you have never stopped complaing and whining about the cats...if I put all the complaints I recieved in 20 years in a box it would be the size of a ring box...all of yours wouldn't fit in a shoe box.....I have tried to be helpful but I do not need your constant lectures...nor your advice on how to run my life, my business or my cats...if you know so much why do you keep asking me....and if the other breeders know so much why ask me? Nothing I do, nor anything about my cats pleases you...I think you must be terribly unhappy...I am sorry for that, but judge not less you be judged.....and frankly I really do not want to even talk to someone who threatens me with the police and CFA for something I never said I would do, nor talked about doing or gave any indication of any kind that I would do....so please....... I have lost all respect for you...don't push it............... |
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Shar Dew Cats 4 U <shar_dew@yahoo.com>
wrote * |
This is what the vet
told me she had FIP . FIP is a slowly progressive disease. He said there is
no way to prove Glory Anna had it in her when I bought her [ or if she
came from a FIP infected cattery, unless the cattery was tested for FIP as a
whole.] or any way to prove she caught it here at my home. I do not let
strange kittys in my home. Any way . So those are the facts. I dont know
what you want to do about a replacement if you want to work something out as
a loss on my part. After all I gave you $1,300.00 for that kitty and
now she dead, and I have nothing to show for the investment I made. { On
top of all this my whole cattery now has been exposed to FIP and that means
I could lose every single kitty all because of this ] I will be awaiting to
hear from you about this and what we can work out .. * very important you note here what she says |
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Melanie Lowry"
<lollimops@yahoo.com
Shar Dew Cats 4 U <shar_dew@yahoo.com> wrote:
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All of my kittens are raised to be corona virus free which is the virus that causes FIP...I take absolutely NO responsibility for this disease where other cats are present............as stated in your contract 10. All health warranties are null and void if other animals, dog or cat are present in the home, or if the cat has ever been allowed outside or taken to another residence where animals are present. If there are other cats living in the household, Seller will NOT be responsible for any disease that the other cats may be carriers for, FIP, FIV, FeLV, and URI.
The kittens RoseMarie, no one said anything about ALL of the cats! And let's see proof that your's are all negative. And why do you think you have the right to demand this of anyone? It wouldn't prove anything anyway.
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Melanie Lowry"
<lollimops@yahoo.com
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That was copied directly from my copy of the contract that you signed........you did not keep your copy? Why do I need to prove it? | |||||||||
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Shar Dew Cats 4 U <shar_dew@yahoo.com>
wrote:
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.I do not believe I signed
a contract with what is in # 10 on your contract. I copied that contract and
use that on my site also and I did not see that in there such as [FIP, FIV,
FeLV, & URI [ that was something you added on I need to know when you added
that on ? and I need to see a copy of my contract, that you have., as I do
not have mine anymore . That [ Fip, FIV, FeLV, URI ] was all added on and I
do not believe it was on the contract I signed unless I could be wrong you
need to prove that also. thanks so much for your kind help Check out the contract below #10 |
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| Melanie Lowry" <lollimops@yahoo.com | .You are completely irrational and way out of line...you should have kept your contract...because this is copied from YOUR contract...the one YOU signed......scanned and copied...I do not want to debate this with you any further,.....you need to prove that all your cats are corona virus neg...in this country we have a law...innocent until proven guilty...maybe you have heard of it...if you had been nicer to me I probably would have offered to replace....never return money...that is not in my contract...and I will not do it and I will not be responsible for someone else's cats....you signed an agreement that you now do not like...well it is to late you cannot go back and re-write history....suck it up |
*After not paying for her cat in a timely manner, and screaming at Lowry on the phone several months later when Lowry called to find out why she had not received any payments, calling animal control on Lowry for asking where the payments were and threatening to bring the police to Lowry's door and call animal control again and report her to CFA once she did decide to pay. Zizzo wonders why Lowry does not easily accept her apology!
| Shar
Dew Cats 4 U <shar_dew@yahoo.com>
wrote
Shar Dew Cats 4 U <shar_dew@yahoo.com> wrote
|
*Dear Melanie,
I did apologize for that issue with thinking you would not give me Glory
Anna's reg papers, you never accept my apologies. And any how this is not
about "emotions" its about facts and ethical breeding business, practices
and and values. A kitty I purchased from you for $1,300.00 died of F.I.P. At
the age of 14 months old and I did everything you requested to the letter
stated in your contract. Now i am asking you top prove to me the seller that
the mother and father of the kitty I purchased is "Corona Virus Free" as you
said you raise your kittys and you are telling me as a seller of pedigree
felines you do not have the money to do the testing? I s this what you are
saying? A person who is in "business" such as yourself have been breeding
for 15 years in Escondido, California and you do not have the money for
tests that can prove you your 2 kittys do not have the FIP in their blood?
To satisfy my request? I find that really hard to understand. So this is
your final decision? This is the last time I will ask you this yestion. I
want a yes or no answer. I do not debate, I will not argue, I just want a
yes or no. Will you do the testing on just the mother and father of Glory
Anna? Yes or no that is all I want to know. And will you return my $1,300.00
for my lose? Yes or no. I do not want a discussion or emotional outbursts
just a YES or NO will do, thanks so much.**
corona titres
Is that your final decision that you will NOT test the mother and the father of glory Anna, the who had FIP? And that you refuse to satisfy my request to prove that you raise “Corona Virus Free “ kittys? If so please inform me as soon as possible. In addition, I am NOT requesting a replacement kitty Iam requesting th $1,300.00 that I purchased this kitty for returned to me, wither in payments or one lump sum. Now about your contract if you go to my site and see the same excate copy I was allow to copy from your from your copy, you can see that additional information about FIP, FIV, FeLv & URI is NOT in my contract and would wonder why a seller would place that in their contract to begin with. That was added to your contract and I do not believe I signed this sort of contract, I do not have a copy because I threw it out in the garbage Please check out the amount paid on the copy of her contract below! Check out #12 where she agrees to NO refunds! She does not have the right to demand a refund on this cat a year later! Plus the health warrantee had already expired on this cat, something else she agreed to when she signed this contract. She threw away her contract, one that she had never honored and then demands that the breeder to do so?
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| Melanie Lowry" <lollimops@yahoo.com | I never said my cats were corona virus free...I
said my kittens are raised that way...I do not have the money to test them
all and wouldn't just to satisfy some disgruntled person. That is an
outrageous request. I am sure that you are not happy about the out come of
this...but corona virus is everywhere... this is something every cat breeder
has to deal with. If I am to prove mine negative, then I require the same of
you!
The breeder never says anywhere here that she would not replace the cat, just that she would not test all of her cats, having already done that. |
Link
to documents page (click the kitten) [corona tire's shown on this page]
Look at this email where she say she knows cats have FIP inside of them and that she is not mad at Lowry, and that she has done everything that was required. Except NO necropsy, just a tissue biopsy, which is not a necropsy, so another lie, yet admits that is the only way to find out what she died of.
From the Meriam-Webster Dictionary
necropsy
n : an examination and dissection of a dead body to determine cause of death or the changes produced by disease [syn: autopsy, postmortem, PM, postmortem examination]
bi·op·sy (b
p
s
)
n.
- The removal and examination of a sample of tissue from a living body for diagnostic purposes.
- A specimen so obtained.
- n : examination of tissues or liquids from the living body to determine the existence or cause of a disease
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Let's address the absurdities of this email; There is NO test for FIP in cats, none, zilch, nada, no test. There is a test for corona but this test is not specific for FIP, which is a type of corona virus. It is even very hard to diagnose after the cat is dead with a necropsy! There is no way that the breeder should even be asked the question of returning the money. The contract Zizzo signed says she agrees that there will be no “refunds” ever, no exceptions, plus Zizzo had this cat for a year exposed to 14 other cats. Being obtuse again Zizzo? The health guarantee had long since expired(it was good for 6 months, 5 and a half months longer than required by law), and Zizzo had already broken the agreement which released Lowry from any obligation. Proof positive that Zizzo's word is no good, she's not trustworthy, has no honor, pays no attention to her responsibility she is just greedy and goes after everyone when she doesn't get her way, wrong or right and tries to blackmail them into doing what she wants. Isn't this called Poor Sportsmanship? Or extortion? There is no possible way that anyone can know where this cat picked up the corona virus, and Lowry does everything humanly possible to keep her kittens from leaving with the virus. That is all one can expect, the rest is in God's hands. Melanie Lowry has been a breeder for 25 years, that gives her some sort of expertise in cats and their diseases. She does have proof of what she has said since she reads all the latest on FIP and Zizzo doesn’t, that would give Lowry some understanding of this baffling disease. But Zizzo once again seems to know more than the experts. Yep, we do have experts in the USA, that is why your contract requires you to prove what the cat died of by having a “necropsy” performed by an expert, which she did not do. “I never blamed you for anything I already know the felines have this inside of them.” This is the most important thing she ever says. Proves that she knows she does not have the right to demand her money back or a replacement. And she signed a contract, gave her word to that effect. Why on earth should she expect to be “compensated” for something that she admits is not Lowry’s fault? “I did what was required of me stated on your contract and I expect compensation for this loss in some way.” She did not! A biopsy is NOT, NOT, NOT a necropsy! Look it up in the dictionary. You cannot diagnose FIP with just a biopsy, a biopsy is performed on living tissue, she had one done on a dead cat. And her vet complied. Was this an attempt to deceive by the vet or by Zizzo? FIP is very hard to diagnose even with a full necropsy! And besides, she never sent anything to the breeder, not even the biopsy results! She just admitted that she knew that “felines have this inside of them” so why is it up to Lowry to “compensate’ her for something that occures in all cats. It is NOT Lowry’s fault the cat died of FIP when there were 14 other cats living in the same household with this cat for ONE YEAR!. She is always wanting someone to pay her! And never pays for the cats she takes on credit. The cat as a kitten, with an immature immune system, was placed on the floor in direct contact with all of her other cats from all over the country, all from different breeders. Plus there had to be a high stress level from 15 cats living in a small travel trailer! She expects compensation, for what? For something that she was responsible for taking care of. Something that was more her fault than the breeder’s that she got the cat from? Isn’t it nice when things do not go your way that you can just demand that someone compensate you! Then promise to ruin them around the world if they do not do as you wish, right or wrong? Once again, this is called extortion and is against the law. . Blackmail works, and certainly is legal Zizzo! She did NOT pay $1300.00 for the cat, she paid $1200.00, see the contract. Wow, she has a head block on this one! Why does she now think she has the right to demand anything of a contract that she ignored for a year and breeched herself almost immediately. Then breeched again by not paying for the cat when she said she would. By calling animal control on the breeder when asked where her payment was. Threatening the breeder with the police and making a complaint to CFA. Breeching her contract once AGAIN by not having the required necropsy done for replacement, on a health guarantee that had expired 6 months prior to the euthanasia!!!! A cat that was euthanised without ever trying to find out first if she could be helped! Once breeched, a contract is NULL and VOID to both parties! All bets are off! You cannot decide which parts of a contractual agreement you will honor and which you will not. Once you give your word it is a solemn oath that you will do as you promise. And please, with 14 other cats present, how would any one know where this cat picked up a corona virus. One more thing, the breeder was going to replace this cat just because that is the kind of person that she is, BUT Zizzo immediately became irrational, started threatening the breeder and tried to blackmail her, called animal control on her, made a complaint to CFA, the BBB, and the California State Attorney General, the Humane Society, code enforcement, and the list goes on. And then Zizzo DUMPED her cats at the kill shelter! It would have been completely irresponsible for the breeder to place another cat in this situation.
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