Carlotta Evans v. One Gateway Associates

No. 12-0479 (W. Va. May 3, 2013) · Supreme Court of Appeals of West Virginia · May 3, 2013 · No. No. 12-0479 (Nicholas County 10-P-39)

Summary

The West Virginia Supreme Court of Appeals affirmed summary judgment rejecting Carlotta Evans’s claim that a proposed lease extension for her RadioShack store formed a binding contract. The court held that the parties lacked a meeting of the minds because Evans’s purported acceptance added conditions concerning the U-Haul business and the separate oil change center lease.

Holdings

  1. No binding Extension Agreement was formed because the parties had not reached a meeting of the minds regarding its terms, including whether the U-Haul business was included and whether the RadioShack lease extension was linked to issues concerning the separate oil-change-center lease.
  2. Summary judgment for One Gateway Associates was proper on the claim that the Extension Agreement was valid and binding.

Questions Presented

  1. Whether the parties formed a valid and binding contract extending the commercial RadioShack lease.
  2. Whether Evans's response constituted an unequivocal and unconditional acceptance when it sought inclusion of the U-Haul business and objected to conditions relating to the separate oil-change-center lease.
  3. Whether summary judgment was proper on the lease-extension claim.

Disposition

affirmed

Cases Cited (4)

  • The Bowers Company v. Kanawha Valley Products Company, 100 W. Va. 278, 130 S.E. 284 (1925)(followed)
  • Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994)(followed)
  • Hubbard v. State Farm Indemnity Co., 213 W. Va. 542, 584 S.E.2d 176 (2003)(discussed)
  • State ex rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 194 W. Va. 770, 461 S.E.2d 516 (1995)(followed)

Cited In (0)

No citing cases on record yet.

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