Sandy

MEMORANDUM OF DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW

I. INTRODUCTION

This suit arises out of a series of failed business ventures involving Plaintiff Barrie Sandy (“Sandy” or “Plaintiff’) and Defendants Mark McClure (“McClure”) and Paula Wallem (“Wallem”) (collectively, “Defendants”). See Compl., Docket No. 1. These transactions include the purchase and management of several condominiums in Maine, a failed venture to purchase a chain of boutique hotels, and an unsuccessful lease-to-purchase arrangement involv ing a tavern in New Hampshire. Id. Sandy is asserting a total of thirteen causes of action against Defendants, including 1) Breach of Contract, 2) Money Had and Received, 3) Account Stated, 4) Breach of Covenant of Good Faith and Fair Dealing, 5) Negligence, 6) five theories of Fraud, 7) Breach of Fiduciary Duty, 8) Intentional Infliction of Emotional Distress (“IIED”), and 9) Unjust Enrichment. Defendants are both proceeding pro se.

The Court previously denied Defendants’ request to transfer this action to Maine, and denied Defendants’ Motion to Dismiss. Docket Nos. 32, 42. The Court held a two-day bench trial from December 7, 2009, to December 8, 2009. Both…