I had a case where a consultant sued my clients–Directors of a bank–claiming an oral joint venture to build a cellular paging company in Mexico. He claimed that he was promised a new Cadillac, $50,000, a percentage of the profits and more. At trial I asked him whether he went home and told his wife that this company was going to give him a new Cadillac. He said no (and she affirmed this). I asked him whether he told her that he was going to get a $50,000 payment. He said no (and she affirmed this). Sometimes the best evidence that something did not happen is all the things you didn’t do. It looked bad to the jury that he claimed this great deal but never said anything about it to anyone, even his wife.
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