Cosgrove v. Bartolotta
150 F.3d 729 (7th Cir. 1998)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Bartolotta (D) wanted to open a new restaurant in Milwaukee. He asked Cosgrove (P) for help. D wanted a $100,000 loan from P plus P's business and legal advice, P was an experienced corporate lawyer. D promised P to repay the loan with interest within three years but also to give P a 19 percent ownership interest in the restaurant. P assisted D in negotiating the lease of the restaurant premises and the loan from the bank, and it was on P's advice that the venture was organized in the form of an LLC. P never actually made the loan and was never given an ownership interest in the restaurant. D obtained alternative financing and cut P out of the deal. The restaurant opened and was a success, and hence this lawsuit. The jury found against P on his breach of contract claim, but this was not inconsistent with its finding promissory estoppel. P and D never worked out the exact terms under which P would receive a share in the restaurant.
Issues
The legal issues presented in this case will be displayed here.
Holding & Decision
The court's holding and decision will be displayed here.
© 2007-2025 ABN Study Partner