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ARTICLE ID 189806

$________ – CONTRACT – FAILURE TO COMPLETE PAYMENT FOR CONSTRUCTION SERVICES PROVIDED – PLAINTIFF USES EMAIL AS EVIDENCE OF INDIVIDUAL DEFENDANT’S GUARANTEE OF ORAL CONTRACT.

Middlesex County, MA

In this breach of contract action, the plaintiff, an old line family-run construction corporation, contended that the defendants, a corporation and its principal, failed to pay for work completed at the defendants’ restaurant. The defendant corporation conceded that it failed to pay the plaintiff, but that the corporation had no assets with which to pay the plaintiff. The defendant principal argued that there was no written contract to compel the individual owner to pay the plaintiff.

The defendant principal of the corporation was a businessman with several entities in New England with his primary base of operation being in Maine. The former location of a Friday’s restaurant became available and the defendants leased the location with the intention of opening a restaurant. The defendants contracted the plaintiff for $________ in renovations to the leased location. The defendants still owed the plaintiff $________ at the time that the renovations were completed. The plaintiff brought suit for breach of contract against defendant individually and two of his other entities. The plaintiff alleged that the defendant individual had guaranteed the payment of the contract.

The defendant corporation admitted that it hadn’t paid the balance, but asserted that there was no money to pay the remainder of what was owed to the plaintiff. The defendant individual argued that he was not personally responsible for the money owed the plaintiff.The parties settled prior to trial in the amount of $________.

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