Lithia won the case because Lee’s counsel stated in writing that Lee accepted the offer, Lithia’s counsel accepted as well, and Lithia then performed all its obligations ... After purchasing the Jeep, Lee went back to Court demanding $11,000.00 in damages and $4,500.00 in attorney fees. Lithia asked the Court for Summary Judgment dismissing the case because it had already been settled. Judge Menahan granted Lithia’s motion on the grounds that the November 2018 email correspondence between the parties’ counsel formed a valid settlement agreement which barred Lee’s continued litigation of his misrepresentation and MCPA claims against Lithia. The Supreme Court held that it did not matter that Lee had not signed the formal release sent by Lithia, concluding “[i]t is established case law that an unconditional acceptance may bind parties in a settlement agreement, even without a detailed agreement.” In particular, the court noted the clear similarities between Lee’s case and the controlling case of Hetherington v. Ford Motor Co., 257 Mont. 395, 399, 849 P.2d 1039, 1042 (1993), which held that the failure to execute a formal settlement agreement did not bar the formation of a valid agreement when shorter written correspondence between two parties where one party agreed to release all legal claims in exchange for payment from the other party constituted an “unconditional” offer and acceptance. While it would have been better to get the settlement agreement signed before the repairs were undertaken, Lithia won the case because Lee’s counsel stated in writing that Lee accepted the offer, Lithia’s counsel accepted as well, and Lithia then performed all its obligations, so the settlement was complete — the correct result. magauctions.com See You in Butte! McCONKEY AUCTION GROUP IS HONORED TO SPONSOR THE MTADA’S 109th ANNUAL FAMILY CONVENTION When it comes to buying and selling inventory, we’re ready to meet you where you are – whether it’s in our lanes or online. In the meantime, we’ll see you in Butte August 24th – 27th! 13
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