The plaintiff sought recovery of funds secured by a mortgage arising from an investment agreement relating to a car export venture.
The defendant argued the parties were partners and that the plaintiff should only recover his principal investment and share any losses.
The court examined the investment agreement, addendum, mortgage documents, and promissory note, finding the documentation consistently characterized the plaintiff as an investor rather than a partner.
The court concluded the defendant acknowledged a debt secured by the mortgage and that there was no evidence the plaintiff shared the risk of loss.
Judgment was granted to the plaintiff for the balance of the mortgage together with interest.
