As there was no evidence that parties reserved their approval of the settlement agreement until the final signing of the document, unsigned settlement agreement can bind -- drafting and then sending the final agreement to the other party, who then signed, was sufficient offer and acceptance.
Matter of law appropriate for summary judgment.
Concur: Parol evidence other than the sending of the final instrument is a question for the finder of fact.
Remark, LLC v. Adell Broadcasting Corporation
Tuesday, December 18, 2012
Sixth Circuit -- Remark, LLC v. Adell Broadcasting Corporation
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Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.
Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.
Author's SSRN page here.