Oral Contracts

[texas2005]

What is the name of your state? Texas

My boyfriend and I wanted to start a business together. We decided to move in together - for economics reasons. The agreement was that he would quit his job to work on the business full-time. I would remain employed full-time and pay the bills while we try to start the business. We verbally agreed after one year - he will pay me back for his share of the bills. Well, the week before the year ended, he moved out of the house (a house that he owns!) without any word to me. I left for work that morning as usual - with him and our dog waving goodbye to me from the garage. I came home that night and found his stuff was gone. Additionally, he canceled our credit cards, etc. He basically did all this without ever talking about breaking up/leaving.

Additionally, the business is registered as a sole proprietorship. He didn't want to do a Partnership for tax reasons, so he said. I worked fulltime at my regular job, then worked on the business evenings and weekends.

Do I have a case to sue to recover his portion of the bills and also for part of the business?

 

[seniorjudge]

"...Do I have a case to sue to recover his portion of the bills and also for part of the business?...."

Huh? What are you talking about?

Give some examples. Are you damaged? How much (in dollars)?

Well, the answer is that you can sue anyone for anything at anytime anywhere.

But I would like to hear some particulars.

And, while you are at it, how did y'all teach your dog to wave good bye? My dogs are so danged stupid, all they can do is eat and poop.

 

[texas2005]

Hello seniorjudge,

"...Do I have a case to sue to recover his portion of the bills and also for part of the business?...." - By this I mean can I sue him to pay for his share of the bills for the entire 2004? Prior to him quitting his job in Dec 2003 to start the business, we discussed and verbally agreed that I would pay for the bills (mortgage, his car loan, etc). He had one year to "make a go" with the business. After such time, he would need to repay me either through the business or go back to work full-time. One week before the end of the year, he walked out...took the dog among other personal items that belong to me.

So the question is - how difficult is it to prove an oral contract? Also, who has the burden of proof?

BTW - my dog is very smart. We taught him many tricks, including speaking (barking) on command, crawl, pick up his toys...

 

[JETX]

So the question is - how difficult is it to prove an oral contract?

Pretty hard. You would have to have sufficient evidence of the existence of a repayment obligation.... and be able to counter whatever claims he might make.

Also, who has the burden of proof?

The party making the claim has the burden of proving his/her claim.

 

[seniorjudge]

BTW - my dog is very smart. We taught him many tricks, including speaking (barking) on command, crawl, pick up his toys...

I am sending my dogs over. Be on the lookout for two ugly and stupid Schnauzers....

"Consider this -

A thin, very long thin stick, perfectly balanced in the perfect middle by a sharp-pointed object. Placed one foot above the ground.

What ever-so-slight weight such as a feather, could you place on one end, that would make that thin stick tilt towards the earth?

That is called a "preponderance of the evidence".

Your opponent places a feather on his end of that stick, you, your feathers on the other end. The one who gets the stick to tilt, wins."

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