The plaintiff sued to recover $80,000 loaned to the defendants to finance their purchase of household contents, including Feng Shui stones, from the plaintiff when they purchased her home.
The defendants alleged the contract was invalid due to misrepresentation about the value of certain stones and argued that a fiduciary relationship existed arising from the plaintiff’s role as a Feng Shui advisor and fortune teller.
The court held that no fiduciary relationship existed and found no fraudulent or innocent misrepresentation regarding the stones’ value.
The transaction was a commercial sale of all household contents on an “as is” basis for a lump sum price, which the defendants knowingly accepted and partially performed by paying interest for four years.
The defendants breached the contract by refusing to repay the principal and final interest payment when the loan matured.
