Legal Question in Business Law in New York

small claims court

Had a loose agreement with a fellow who did work for me over the last 23 years. he repaired forklifts and on his recomendation I brought a used one for $250. he said he could get it running for $1900. Anything over this amount we would split. I paid for all of the parts and he said he put in $1500. in labor. no time tickets to show this. anyway i closed the business and sold the lift at auction for $1800. it cost me $6500. to bring in the auction and if you take in the cost to sell i paid another $1700. my total cost $2500. he want half of the selling price. i said no, he is taking me to small claim court. does he has a case? nothing in writing.


Asked on 11/21/00, 7:51 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: small claims court

A loose agreement to share the profits and losses is generally considered to be a partnership or joint venture agreement, which under NY law is not required tio be in writing. From your confusing recitation of the facts, I can't understand what happened, so I couldn't tell you if he has a case. But generally, these types of matters come down to "swearing matches," with his word against yours. I don't know if you paid him for his labor, but if you did not, then I would think the court would give him something. If he was paid the $1500 you said he claimed, I would think a court would say he got plenty.

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Answered on 11/29/00, 8:13 am


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