More details to this question:
A business owner is running a business on the brink of failure; offers someone a percentage of revenue 70/30 if he will come on board and help; the make the agreement with a hand shake orally. The person comes on board obtains 3 vital business licenses required to do business he did not have, he restructured the entire company from months of negative revenue to 30K in the bank all bills paid doing 150K in sales monthly. When the new person approaches the business owner with a written contract he avoids it kicking it down the road until finally he says he doesn’t want to do that deal anymore and offers a much less attractive deal. The new guy is able to catch the business owner on recording stating he agreed to split the revenue 70/30 repeats the revenue the revenue. Does the new guy have a case can he win a breach of contract suit?
1 ANSWER
Appellate Practice Attorney serving Cincinnati, OH
1 Award
An oral contract is enforceable, it is just harder than enforcing a written contract. These cases often end up in what are called "swearing contests" where each side attempts to prove the other wrong.
The plaintiff, the person claiming there is a 70/30 split, ultimately bears the burden of proof. It can be done, but you should expect to have to go to trial (though always being open to a settlement offer).
Answered on Mar 18th, 2024 at 5:18 AM
Thanks for reaching out to me. Please feel free to call our office at 513-225-6666 to see if I can help