Nat’l Prop. Holdings, L.P. v. Westergren (Per Curiam)
Annotate this CaseGordon Westergren was involved in a lawsuit regarding the purchase of highly desired property. The lawsuit went to mediation, which resulted in National Property Holdings, L.P. (NPH) agreeing to purchase the property. Separately, in exchange for Western’s agreement to settle the lawsuit, Russell Plank, the consultant for NPH, orally promised Westergren that he would receive $1 million plus an interest in the profits from NPH’s future sale of the property. Westergren subsequently signed a release stating that he agreed to relinquish all interest in the property and all claims against NPH and other listed parties in exchange for a total payment of $500,000. Westergren then filed suit, alleging, inter alia, breach of the oral contract and fraud. Defendants asserted that Westergren had released all claims by signing the release and that the oral contract was unenforceable. The jury found in Westergren’s favor on all claims, concluding that Plank fraudulently induced Westergren to sign the release. The Supreme Court held (1) Westergren’s fraudulent inducement failed as a matter of law because he had a reasonable opportunity to read the release before he signed it and elected not to do so; and (2) the oral side agreement did not satisfy the statute of frauds.
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