Without any formal agreement in writing, does a verbal agreement along with text messages and possibly emails give me any type of legal recourse?

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Without any formal agreement in writing, does a verbal agreement along with text messages and possibly emails give me any type of legal recourse?

This regards to a business partnership I entered into and was in time told that there was never an agreement. This is a business with monthly recurring revenue which I doubled in roughly 6 months since my involvement. We basically provide high speed internet in a rural area for customers that have no means of gaining high speed internet so after the install they pay there monthly agreed upon bill amount and this generates the recurring monthly revenue. My partner emailed me and said it never was agreed upon

Asked on August 5, 2015 under Business Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The text messages and e-mails will provide evidence of the existing verbal agreement.

Assuming that the verbal agreement satisfies the requirements of a contract such as the essential terms (identification of parties to the agreement, subject matter of the agreement, payment, time for performance of the agreement), you then have a valid contract and can sue for breach of contract.  Your damages (monetary compensation you are seeking in your lawsuit for breach of contract) would be your lost income.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The text messages and e-mails will provide evidence of the existing verbal agreement.

Assuming that the verbal agreement satisfies the requirements of a contract such as the essential terms (identification of parties to the agreement, subject matter of the agreement, payment, time for performance of the agreement), you then have a valid contract and can sue for breach of contract.  Your damages (monetary compensation you are seeking in your lawsuit for breach of contract) would be your lost income.


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