Kohlbeck v. Wyndham Vacation Resorts, Inc., No. 20-1815 (8th Cir. 2021)
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Plaintiffs, two couples who entered into multiple timeshare contracts with Wyndham, filed suit against Wyndham, alleging various improper trade practices under Missouri law. Wyndham counterclaimed for breach of contract. Plaintiffs' claims were dismissed and the district court granted summary judgment in favor of Wyndham on its counterclaim.
The Eighth Circuit affirmed, concluding that the notice of appeal confers appellate jurisdiction over the district court's grant of summary judgment. On the merits, the court concluded that plaintiffs ratified their contracts with Wyndham and thus cannot assert duress as a defense. Furthermore, even assuming that the couples did not ratify their contracts and waive the duress defense, the facts show that neither couple was prevented from exercising their free will. Finally, the court concluded that none of Wyndham's alleged misrepresentations rise to the level of fraudulent misrepresentation.
Court Description: [Civil case - Contracts. Despite the defects in plaintiffs' notices of appeal, the notices were sufficient to confer appellate jurisdiction over the district court's grant of summary judgment; the district court did not err in determining that plaintiffs had not established the defenses of duress and fraudulent misrepresentation to defendant's counterclaim for breach of their timeshare contracts.
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