A giant toy poodle

Question
I purchased 2 toy poodle puppies the first of Nov. 2006. I was told they were born the same day, same mother/father. One is a small puppy while the other is a very big dog. I asked the breeder again if she was sure they came from the same litter and she responded yes, that you can't lie about this. The small one has solid dark brown eyes, while the bigger one has a lighter color - maybe on the blue. They are both suppose to be apricot in color, however, one looks more like chocolate and the other could be apricot or blonde. Is it possible for this to happen or have I been had? I do not want a big dog, back problems, so do I have an recourse on this matter?

Answer
You must remember that the standard poodle was the original of the breed.  Both the miniature and the toy were bred down from the standard.  So yes its possible to have small and larger in a litter.  Infact it happens most of the time.  When dealing with genetics there are NO guarantees.  You will find most breeders will not guarantee size at maturity.  Because all we can do is guess.  Even if we have bred that pair time and time again you can get surprised with something that crops up.
As far as color I wouldnt be able to tell that without a picture.  However remember that apricot is a fading color and that most apricots do not keep their color and DO fade out to cream and sometimes even white.  One way to be able to tell between brown and apricot is apricots have black points.  Browns will have liver colored points.  However if the breeder did not take good care when breeding and make sure their dogs had black pigment your apricots may also share that undesirable pigment.
As far as recourse, no you probably dont have any.  Check your contract and health guarantee that you got with your puppy and see what it says.