Legal Question in Civil Litigation in California

Verbal agreement - fraud - restraint of business

Husband/wife business owned a truck and trailer. She owned the truck. He owned the trailer. Truck was about to be repossessed by the lender. Trailer was represented as �for sale�. Later found it was collateral for the Purchase of a Peterbilt truck.

We came to two separate verbal purchase agreements. One for the trailer. One for the truck.

On his suggestion I started driving the truck and trailer under his state and federal authorities in mid-October 2002 before everything was finalized.

At least 2 times I presented a written agreement to be signed by husband and wife. They refused but agreed it was correct.

He took truck and trailer in the middle of the night from a locked, fenced yard and hid it from me. In so doing he took away my ability to continue the income I had developed over the previous two months of over $4,500.00 per month.

I fulfilled the agreements I made. 5 people are witness to our agreements. I don't have a truck or trailer.

What can I do?


Asked on 6/08/03, 3:30 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Verbal agreement - fraud - restraint of business

you will have to sue to try to get either your money or the vehicle back. Contact me if interested in doing so, to discuss the costs and benefits.

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Answered on 6/09/03, 7:17 pm


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