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Weatherby v. Barsk

An oral agreement involving the formulation and implementation of development strategies for a parcel of land was not governed by the statute of frauds.

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Steve Weatherby and Utopian Concepts, Inc., a corporation wholly owned by Weatherby, hereinafter collectively Weatherby brought suit against Robert Barsk, a real estate developer, and two corporations in which Barsk is an officer, Stonewall Farms, Ltd. and Heritage Creek, Inc. hereinafter collectively Barsk. Weatherby alleged that Barsk had breached an oral agreement under which Weatherby was to furnish certain services and Barsk was required to pay him ten percent of the value of the development property. Alternatively, Weatherby sought recovery under the theory of quantum meruit for services performed. Weatherby also sought attorney fees and expenses under OCGA § 13-6-11 for Barsk’s alleged bad faith.

Barsk answered, asserting several defenses. He denied the existence of any agreement; he asserted that even if such a contract existed, Weatherby was barred from recovering under the Statute of Frauds because it was not in writing; he alleged that Weatherby could not recover under a theory of quantum meruit because even if services were performed by Weatherby they were of no benefit to Barsk; and he maintained that any services performed by Weatherby were performed either in Weatherby’s employment capacity as director of economic development for Greystone Power Corporation or in his volunteer capacity as vice chairman of the Douglas County Development Authority.

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