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Good afternoon. If your partner has not performed under your agreement, file a breach of contract
suit to ask a court to enforce his promise. If you have a written contract, you can obviously sue on that written agreement. Even if you don't have a signed written agreement, you can still pursue this through the courts. The lack of a written contract can be overcome by the concepts of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. Your situation meets all the foregoing elements.
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