Slodov adopted a four-month-old puppy from the Animal Protective League (APL) for a fee of $45,…

Slodov
adopted a four-month-old puppy from the Animal Protective League (APL) for a
fee of $45, which covered the costs of neutering or spaying, shots, collar,
starter kit, and two weeks of veterinary care. She signed an adoption agreement
that stipulated that the APL would treat the dog at no cost to Slodov for two
weeks after the adoption. According to the agreement, the APL would not be held
responsible for any treatment of the dog outside the APL clinic. The dog became
ill several times and Slodov took the dog to a private veterinarian rather than
to the APL clinic. She then requested
»

Slodov
adopted a four-month-old puppy from the Animal Protective League (APL) for a
fee of $45, which covered the costs of neutering or spaying, shots, collar,
starter kit, and two weeks of veterinary care. She signed an adoption agreement
that stipulated that the APL would treat the dog at no cost to Slodov for two
weeks after the adoption. According to the agreement, the APL would not be held
responsible for any treatment of the dog outside the APL clinic. The dog became
ill several times and Slodov took the dog to a private veterinarian rather than
to the APL clinic. She then requested that the APL pay the veterinary bills,
including advertising costs of placing the dog for adoption, because her
landlord would not allow dogs in the apartment, and the APL refused. Slodov
brought suit against APL on a variety of theories, including breach of
warranties under the UCC. She claimed that the APL was a merchant under the
UCC. Was it?

»

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