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Asker
Posted about 1 year ago.

She new I was working for free to benefit the business as it was in start up stage. She new of my past record too so we both have unclean hands

Dan Reed Halper
Dan Reed Halper, Business Attorney - New York, NY
Posted about 1 year ago.

Well I think you are adapting what Mr. Carney said and I'm not so sure he's right that this has anything to do with 'unclean hands' . A party in a contract with 'unclean hands' has nothing to do with being convicted of a criminal act. Rather having 'clean hands' is a requirement of an equitable (as opposed to a legal) defense. Maybe Mr. Carney could elaborate on why he thinks this applies because that aspect of his answer somewhat bewilders me.

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Asker
Posted about 1 year ago.

Remember, we were domestic partners. It's not as if she said, "Hey, I want to start a business, will you help me?" I had just had two major surgeries and wasn't working. Why would I start a business that wouldn't benefit me more then working there as a paid employee for 18 months just to be fired, and then she had me arrested.

Dan Reed Halper
Dan Reed Halper, Business Attorney - New York, NY
Posted about 1 year ago.

Either you guys had a binding agreement with consideration or you didn't.
Asking these hypothetical questions has no legal bearing. There are many
reasons why people help people start businesses with no remuneration
expected. Look at kickstarter.com other than a Tshirt or an honorable
mention the thousands of investors in kickstarter projects get nothing in
return certainly not equity.

It doesn't matter what you did for the business if there was no agreement
that you were to get anything. On the other hand, if you did have an
agreement, it certainly DOES NOT have to be in writing. What would have
had to happen was a 'meeting of the minds' -- ie that you two agreed that
you would both be owners of the business, and an exchange of consideration
which in this case would be easily satisfied by the work your provided.
However, you don't seem to be 100% clear that there was a meeting of the
minds.
>



--
The contents of the communication laid out above is absolutely not a
binding offer of any agreement nor an acceptance of any offer. The same is
true for any attachment of this email. Any discussion of any agreement
will not be binding unless signed with live signatures and notarized by a
licensed notary public

No photo
Asker
Posted about 1 year ago.

With Kickstarter people don't expect more than a T-Shirt. The agreement was that we were going into business together. That we were starting a business together. The 'meeting of the minds' occurred every day, every night in bed. We did what we had to do to get this business started including point #4, not because we wanted to, but because we had to. Did we say, "OK you get this from the business and I get that?" Most likely not. We were partners, in life and in business, we both expected to gain from the business, and we both figured we'd eventually sell the business and reap the rewards.

Dan Reed Halper
Dan Reed Halper, Business Attorney - New York, NY
Posted about 1 year ago.

Was there any discussion of the split? When you say there was a meeting of
the minds, I assume that you mean that you both agreed to be partners. But
not all partnerships have a 50/50 split. Many partnerships are set up
where partners have separate capital accounts of different sizes. So did
you two agree verbally and explicitly on a 50/50 partnership split?
>



--
The contents of the communication laid out above is absolutely not a
binding offer of any agreement nor an acceptance of any offer. The same is
true for any attachment of this email. Any discussion of any agreement
will not be binding unless signed with live signatures and notarized by a
licensed notary public

No photo
Asker
Posted about 1 year ago.

I'm not saying it was 50/50, I'm saying that we went into this together. Of course I could not be on any documents due to my past record. We verbally agreed to start the business together and work at the business together. I put over $6000 into the business and my partner was fully aware that I was doing so as a partner.