Facts

According to the court, on June 3, 2003, plaintiff Omni Medical Health Group Inc. and Samuel C. Nwosu entered into a written contract in which plaintiff would loan defendant $14,000. Defendant was required to pay back the amount once plaintiff's property at 5741 Clemson Street was refinanced.

On June 4, 2003, the plaintiff and defendant again entered into a written contract in which plaintiff would loan defendant $57,500, again payable once plaintiff's property was refinanced.

On May 29, 2003, they agreed yet again to a written contract in which plaintiff loaned defendant $50,000, to be paid after refinancing.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant breached the contracts when he did not pay back the loan amounts.

DEFENDANT'S CONTENTIONS:
Defendant asserted that the parties had an oral partnership contract to operate a business involving the buying, fixing, and sale of real estate. Plaintiff said that he would put in $1,000,000 to fund the project and defendant agreed to be the manager of the business. Defendant claimed that he bought six real properties that were residential in nature, repaired them, and found buyers who purchased them. Further, defendant indicated that he had purchased three parcels of land, which were undeveloped.

Defendant stated that in October 2005, plaintiff was in breach of the contract because plaintiff repudiated the existence of their partnership and prevented defendant from collecting his interest in the business and assets. Defendant asserted that plaintiff denied defendant his proper one-third share of the profits earned during the course of their partnership.

Defendant also admitted that he borrowed $62,500, as opposed to the claimed $121,500. Defendant contended that he provided office and chauffeur services to plaintiff, entitling him to a set-off against the loan. In response, plaintiff asserted that defendant never performed services for plaintiff.

Damages

The court records show that plaintiff claimed $121,500 in unpaid loans.

Result

A verdict was returned in the amount of $212,500, which consisted of $57,500 for the plaintiff due to breach of contract and $270,000 for the cross-claimant for value of services. The jury concluded that there was no partnership but agreed that the defendant had rendered services for plaintiff. The cross-claimant was given $212,500 in net judgment.

Other Information

COMPLAINT FILED: January 10, 2006