You’ve gone through negotiations or a mediation. Though there are some differences between the parties the major issues have been resolved though some minor ones remain and a finalized, signed, written agreement hasn’t been completed yet. In this situation could the other party successfully go to court and enforce the oral agreement on the major issues?
Recently the Ohio Supreme Court enforced a settlement agreement that was never signed. It only got as far as emails spelling out terms, subject to the completion of a settlement agreement. The lawsuit at issue was filed in 2014 in which Lucas Contracting, Inc. sued Berghorst Enterprises, LLC, and Heritage Home Solutions, LLC, for a statement on an account, breach of contract, promissory estoppel, implied contract and alter ego liability.
The dispute arose concerning property preservation services that Lucas Contracting alleged the defendants had purchased from it. The plaintiff claimed neither Berghorst nor Heritage had ever had a separate corporate existence from the other and that it was owed a total of $65,187.75.
