Sword v. Biofertec, Ltd.

The plaintiff sues to recover salary unpaid under a written employment agreement with defendant. Defendant denies liability, mainly on the ground that an express contingency of the contract, namely sufficient funding from investors, never occurred. Defendant also counterclaims for damages for breach of fiduciary duty and for money lent. The case was tried before me, jury-waived, from March 19 to March 24, 2003.1 find and rule as follows.

FINDINGS

1. Plaintiff entered into a written employment agreement with defendant in December 1999 (exhibit 2). Prior to accepting employment with defendant,…