Assessment Brief

Harold and Joe were friends for over twenty-five years. About twice a week they would get together after work and proceed to a liquor store where they would purchase what the two liked to refer to as a “package”—a half pint of vodka, orange juice, two cups and two lottery tickets. Occasionally, these lottery tickets would yield modest reward, which the pair would then put back into the purchase of additional tickets. One evening, Harold and Joe visited the liquor store twice, buying the normal package on both occasions. For the first package, Harold went into the store alone, and when he returned to the car, he said to Joe in reference to the tickets, “Are you in?” to which Joe said, “yes.” When Harold asked him for his half of the purchase price though, Joe said he had no money. When they went to Joe’s home, Joe snatched the tickets from Harold’s hand and scratched them, only to find they were both worthless. Later, Joe returned to the store and bought another package. This time Harold snatched the tickets and scratched them. They argued, and in the end, both scratched one ticket. Joe’s ticket was worth $100,000. Joe cashed in the ticket and refused to give Harold anything. Does Harold have any claim against Joe?