Legal Question in Civil Litigation in Maryland

Verbal Contract

I was a part of a verbal contract between my uncle and my deceased father's business partner (BP). The contract was that after my dad passed, the BP would keep the business and continue to operate on my uncle's property and with the contracts that were between my uncle and my father. I was to be paid a certain part of each transaction. I was hardly ever paid and kept persuing my uncle about why. My uncle's accountant was brought in. We still received nothing. Basically ,we got the brush off each time we approached my uncle or the accountant. Just this past week, we found out that my uncle's company, under the direction of the accountant, took a sum of money from the BP payment 5 months ago. The BP was told that it was a payment for me, however, I never received any money. I was never told that anyone took anything on my behalf and I have never recieved any accounting of the money. When we tried to talk to my uncle about this, he refused to see us. His secretary said that he would call us, but he did not. We cannot resolve this in a peaceful manner. What should I do? What type of lawyer should we see?

Asked on 2/12/04, 10:50 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Verbal Contract

The fact that you have nothing in writing confirming your understanding of the obligations of your uncle makes your case difficult to prove. You will have to show that the apparently few payments you did receive, and the one payment meant for you but retained by your uncle, constitutes a course of conduct demonstrating the validity and enforceability of the agreement. A lawyer experienced in commercial litigation should be able to help you, but you should be prepared to incur significant litigation expenses if you want to pursue your claim. You can contact me if you would like further assistance.

Robert Sher

(301) 986-4555

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Answered on 2/12/04, 11:11 am

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