Unless they had the entire $1.7 earmarked for the property purchase closing I don’t see how Usher has any standing to sue for the balance of the loan.
I went into PACER to download the complaint and tbh this was an informal deal (no contract just emails and the wire transfer) and according to Usher it was supposed to be a bridge loan and once they purchased the property and refinanced he would be paid back plus interest.
Restaurant real estate deals almost always take a long time to close because you’re dealing with financing (sometimes international) and local and state administration, health department codes, etc. They fall apart all the time. They needed almost $7 million that was going to be tough no matter what.
They probably had to borrow from Peter to pay Usher the $1 million because you’re paying tons of lawyers and consultants to get a deal done. Not to mention salaries and benefits for the group’s employees.
I also doubt Usher is the only one who lost money.