Affordable Erecting, Inc. v. Neosho Trompler, Inc.

Summary

The Wisconsin Supreme Court held that a mediated settlement did not satisfy Wis. Stat. § 807.05 because the plaintiff's attorney's signature was expressly contingent on owner approval that was not timely obtained. Nevertheless, the court concluded that equitable estoppel barred the plaintiff from pursuing its underlying claim because the plaintiff's actions and omissions induced the defendant's reasonable reliance to its detriment. The court affirmed summary judgment and dismissal in favor of the defendant.

Holdings

1. The proposed settlement was not enforceable under Wis. Stat. § 807.05 because Affordable's attorney's acceptance was expressly contingent on its owner's approval by a specified deadline, the contingency was not timely fulfilled, and no valid written settlement was subscribed by all parties.
2. Affordable was equitably estopped from pursuing its claim because its actions and non-actions induced Neosho reasonably to believe that Affordable had accepted the settlement, and Neosho changed its position to its detriment in reliance on that belief.
3. Summary judgment for Neosho was proper because no genuine issue of material fact existed and the undisputed facts supported equitable estoppel as a matter of law.

Questions Presented

1. Whether the mediated settlement satisfied Wis. Stat. § 807.05 when Affordable's attorney signed subject to an unfulfilled contingency and Affordable's owner did not subscribe to the formal settlement document.
2. Whether equitable estoppel barred Affordable from pursuing its refiled claim because Affordable's actions and non-actions induced reasonable detrimental reliance by Neosho.
3. Whether summary judgment was proper when the material facts were undisputed and no reasonable alternative inferences supported Affordable's position.

Disposition

affirmed