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Abdulla v. Chaudhary

United States District Court, S.D. Georgia, Augusta Division

July 21, 2015

SOHAIL ABDULLA, Plaintiff,
v.
AYAZ CHAUDHARY and ALIYA CHAUDHARY, Defendants.

ORDER

J. RANDAL HALL, District Judge.

Before the Court are Defendants' motions for summary judgment. (Doc. nos. 28 & 29.) For the reasons stated herein, the motions are GRANTED.

I. BACKGROUND

A. Factual History

1. The Contract

On May 12, 2005, Plaintiff Sohail Abdulla ("Plaintiff") and Defendant Ayaz Chaudhary ("Dr. Chaudhary") entered into a written agreement ("the Contract") to jointly invest in real estate in the Augusta, Georgia area. (Am. Compl., Ex. A.) Dr. Chaudhary drafted the one-page Contract, then Plaintiff and Dr. Chaudhary signed it. Dr. Chaudhary's wife, Defendant Aliya Chaudhary ("Mrs. Chaudhary"), signed the Contract as a witness. Although the Contract states that Plaintiff and Dr. Chaudhary are both residents of Augusta, Georgia, Plaintiff was a resident of South Carolina at the time he filed the Complaint on January 13, 2014. (Am. Compl., Ex. A; Compl. ¶1.) The Contract in its entirety provides as follows:

This is the agreement between Sohail Abdulla and Ayaz Chaudhary, both residents of Augusta, Georgia.
• Each person named above represent an individual party. Both parties agree on the following:
- Both parties agree to form a LLC (which will be named and registered) later to buy the following properties.
1. Corner plot at Washington Road and Halali Farm Road, parcel no. 066 065B.
2. Plot on Washington Road next to Target Shopping Center, 4269 Washington Road.
3. Property at 3415 ½ Wrightsboro Road.
4. Property at 2952 Tobacco Road, 2138 and 2942 Old Tobacco Road.
• Each party will invest at least two hundred and sixty thousand dollars.
• Both parties will be equal partners on above-mentioned properties.
- Any profit or further buying of property based on above mentioned properties or putting above mentioned properties as collaterals will be equally divided or invested between Sohail Abdulla and Ayaz Chaudhary.
- Maximum amount invested by Ayaz Chaudhary will be two hundred and sixty thousand dollars to be equal partners with Sohail Abdulla in above mentioned properties.
- Buying of the above properties is guaranteed by Sohail Abdulla.
• Ayaz Chaudhary will give two hundred and sixty thousand dollars to Sohail Abdulla to buy the above named properties.
The LLC formed between two parties are for the properties mentioned above but any further properties can be added with both parties mutual agreement.
If a new property is attractive to one party, always give a choice to the other party to be a part of the buying of the new property in writing. If the other party is not interested than [sic] original party ...

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