The plaintiff and defendant, former romantic partners, jointly agreed to purchase a pre-construction home.
The plaintiff advanced the defendant's share of the deposit funds ($65,000) when the defendant's expected funds from a matrimonial settlement did not materialize.
The relationship ended, and the property purchase failed, resulting in the forfeiture of the entire $130,000 deposit.
The plaintiff sued for repayment of the $65,000, arguing it was a loan.
The defendant claimed it was a gift or part of an oral agreement for the plaintiff to assume sole responsibility for the purchase.
The court found that the funds were a loan, not a gift or part of a collateral oral agreement, and ordered the defendant to repay the plaintiff $65,000.
Claims for punitive damages by both parties were dismissed.