US: A Manhattan Civil Court judge has awarded $1,000 to a woman who got more than she bargained for when she purchased a Maltese breed of dog from an Upper East Side pet store. Three pounds more, to be exact.
Regina O'Rourke of Patterson NJ, sued American Kennels, saying the dog she bought and named Little Miss Muffet had been guaranteed to weigh under 5lb, affording it "teacup" status.
But Little Miss Muffet, on reaching maturity, turned out to be a standard Maltese, weighing 8lb.
Civil Court Judge Matthew Cooper, labelling the pooch "nonconforming commercial goods," said Ms O'Rourke was entitled to a refund of the $1,000 "teacup premium" she paid on April 19th, 2003, but not the full $2,500 purchase price.
Judge Cooper said American Kennels "specifically represented that the dog would be small enough to bear the teacup designation."
"Teacup" is a size classification not recognised by the American Kennel Club, which polices pedigree purity. To achieve "teacup" status, a dog is "bred down," or made smaller and smaller. - (LA Times-Washington Post Service)
