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After the initial advance was made in March 1992, John
orally promised to either repay petitioners within a month or
else transfer to them a 15-percent interest in the Drunken
Lobster. John did not fulfill his promise. In May or June 1992,
John again orally promised to repay petitioners in one of three
ways: (1) Full cash repayment by May 1993; (2) the transfer of
an interest in the restaurant in lieu of payment; or (3) payment
through an installment plan of $500 per month, plus interest.
John never fulfilled his promise, and the Dubatos never repaid
petitioners for any portion of these advances. Moreover,
petitioners did not receive an equity interest in the Drunken
Lobster.
While the Drunken Lobster started out successfully, the
excitement of a new restaurant in the area quickly wore off. The
Drunken Lobster was no longer attracting the customers it once
did. Although it was consistently crowded for breakfast, the
lunch crowd was starting “to slack off a little bit” and the
dinner hour no longer had a waiting list. Beginning in April
1992, Mrs. Bauer did what she could to assist the Dubatos and
even performed work for the Drunken Lobster when it was short
staffed. She created advertisements, wrote and printed menus,
organized holiday events (i.e., a Mother’s Day and a July 4th
holiday meal), and cleared and bused tables. Mrs. Bauer was not
compensated for her time or reimbursed for her expenditures.
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Last modified: May 25, 2011