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Contracts
Promissory Note
Fraud and Misrepresentation

Agueda R. Robbie and Diane Larsen, trustees of the Agueda R. Robbie Marital Trust U/A/D 03/18/2003 v. Blanco River LLC and Christopher Green

Published: Mar. 24, 2012 | Result Date: Jul. 22, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 3:08-cv-00220 Bench Decision –  Plaintiff

Court

USDC Nevada


Attorneys

Plaintiff

Robert T. Simon
(The Simon Law Group LLP)

Mark Wray


Defendant

David J. Rude


Facts

Agueda Robbie invested in a project known as the Blanco River Walk development project in San Marcos, Texas. She allegedly agreed to pay $250,000 for the down payment on the property from her marital trust in exchange for a 15 percent interest in the project. Both parties signed a promissory note to that effect.

Robbie filed suit claiming that defendant failed to repay the $250,000.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff also alleged breach of the covenant of good faith and fair dealing, common count, and negligent and fraudulent misrepresentation.

DEFENDANT'S CONTENTIONS:
Defendants argued that the promissory note was unenforceable and Plaintiffs had assigned the outstanding balance on the note to the defendants in exchange for a 15 percent interest in the company.

Result

The court determined that plaintiffs had assigned 10.437 percent of the promissory note to the Defendants. Plaintiffs were entitled to the remaining 4.563 percent, valued at $76,050. Plaintiffs were also entitled to a 10.437 percent interest in Blanco River LLC.

Other Information

Christopher Green is in pro per.


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