Legal Question in Civil Litigation in Maryland

Verbal Contract

Friend(x) & Friend(y) are dating.

1) A friend(x) lends another friend(y) $1000 for down payment for rent. 2) A friend(x) mentions to the other friend(y) about taking a trip. Friend(y) tells friend(x) that they can't afford the trip. Friend(x) says that (x) will pay and (y) can pay them back when (y) gets the money. Trip cost about $2000, $1000 for each.

Friend(x) & Friend(y) broke their relationship.

1) Friend(y) paid back the $1000 owed to friend(x) for the rent.

2) Friend(y) stored friend(x)'s furniture for 1yr at no cost. Storage fee would have been $200 per month. Friend(y) doesn't pay back the $1000 for the trip.

My questions: Is Friend(y) responsible for paying back the $1000 to Friend(x) for the trip? Is it a verbal contract for the $1000 and if so, doesn't the contract have to be in writing if it's over $500? Does the storage come into play and could it be used for repaying the $1000?


Asked on 4/01/03, 9:46 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Verbal Contract

The verbal contract is enforceable.

Technically, each of the contracts and any performance outstanding, including payment that is outstanding, stand on their

own for disposition. However, Maryland has liberal pleading so if a claim were to be brought by either party then the other

party could counter plead another, unrelated matter that would be considered during the same trial as to matters in dispute between the parties. Keep in mind it is easy to plead issues, it is another matter to

prove your case with persuasive evidence.

It sounds to me like Friend X needs to grow up and get a reasonable perspective on the matter. Friend Y paid for the storage and, assuming Friend X had access to the property but declined to go and get such,

Friend X ought to appreciate that Friend Y took the time to care for the property.

If either friend wants to litigate, so be it. But both had best understand that most judges do not appreciate their time being taken up by scwabbles that can be resolved without the court being involved. I am not saying whether the judge will view it this way or not; you decide as you know the issues better than anyone else.

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Answered on 4/01/03, 11:43 am


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