Nature of the Case
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Facts
P and D are sisters. A casino opened near them in the late 1980s. They went two or three times a week. P played 'the cards,' while D played the slots, and they would share what they won on an informal basis. In January 1995, P 'hit' the big jackpot playing Carribbean poker for $165,000. Upon receiving the check which had the taxes withheld, P gave it to D to hold for her over the weekend. The two sisters then together took the check to the bank, cashed it, and deposited it. P shared her winnings with D. In April 1995, P decided that it would be a 'good idea' to have a contract spelling out exactly the agreement she and D had about sharing their winnings. Having made arrangements with an accountant, the two sisters went to his office, P told him the terms, he printed it, and they both signed it and had it notarized. In 2004, D experienced health problems that required surgery. P asked D to borrow some money. P thought it was $100, but D insisted it was $250. D lent her the money, something D had repeatedly done over the years. P also owed D approximately $650 from a previous loan. The two sisters decided that D would stay with P, and instead of paying P for food, D would forgive the $650 debt, and they would 'call it even.' When D returned to her own home several weeks later, she called P and said that she and their brother, Joe, were coming over to get the $250 that she had lent to P. P insisted it was only $100. P told D not to come because she didn't have the money but would pay when she got it. The conversation got heated and P was 'hollering on the phone, 'I don't want to be your partner anymore,' ' and that D said 'okay.' Joe said he would be partners with D. P eventually sent D a check for $ 250. After the incident, the parties did not speak or have any contact with each other, and there were no more trips together to the casino. They did not buy any lottery tickets together, nor did they share in any winnings. D continued to purchase lottery tickets by entering into an arrangement with her brother, Joe. On June 15, 2005, Joe purchased their usual set of tickets at a gas station and they won the Powerball for $500,000. Joe added D's information to the back of the ticket and each was issued a check for approximately $175,000, on June 20, 2005. P later learned that D had won the Powerball and started this suit for breach of contract. D claimed that the contract had been rescinded.
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