United States First Circuit

In an action for breach of partnership duties and responsibilities, arising from the parties' joint venture in a loan modification business, district court's judgment in favor of the defendant on her counterclaims is affirmed where: 1) the jury could have reasonably rejected the application of the Statute of Frauds because it was entitled to find that although the partnership was formed in anticipation of and carried out in accordance with Home Affordable Modification Program (HAMP), it could be fully performed within one year and need not last for the entire four-year duration of HAMP; 2) the evidence clearly supported the jury's finding that a partnership existed; 3) defendant was entitled to the full amount due to her as long as the partnership continued regardless of whether the partnership agreement was express or implied; and 4) there was adequate evidentiary support to sustain the jury's damages award.

Appellate Information

• Decided 09/21/2012
• Published 09/21/2012

Judges

• Dyk

Court

• United States First Circuit

Counsel