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Animal Law Keyed to Wagman
Houseman v. Dare
Citation:
966 A.2d 24 (2009), 405 N.J. Super. 538 (2009)Facts
Doreen Houseman and Eric Dare were engaged and jointly purchased a pug dog named Dexter in 2003. When their relationship ended in 2006, they verbally agreed to share possession of Dexter, with Houseman having the dog five days each week and Dare having him for the remaining two days. This arrangement continued for several months until May 2007, when Dare took Dexter for his scheduled time but subsequently refused to return him to Houseman. Houseman filed suit seeking specific performance—the return of Dexter—arguing that the dog had special subjective value that could not be compensated by money damages. The trial court acknowledged their oral agreement but denied specific performance, instead awarding Houseman $1,500 as the replacement value of the dog.
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