The plaintiff sold its landscaping business assets to the defendant.
The defendant paid a portion on closing and executed a promissory note for the balance.
The defendant subsequently defaulted on the promissory note, alleging the plaintiff misrepresented the business's revenue and failed to deliver customer information.
The court rejected the defendant's unpleaded misrepresentation claims, finding the defendant failed to conduct proper due diligence and that the revenue decline was due to the defendant's own actions.
Judgment was granted to the plaintiff for the $65,500 balance owing on the promissory note.
