Fleetwash Systems, Inc. v. Peyton (In Re Glover Construction Co.)

MEMORANDUM OPINION

MERRITT S. DIETZ, Jr., Bankruptcy Judge.

Simple contract elements — the offer, acceptance and “meeting of the minds” that bind bargaining parties to their promises— rarely play a part in today’s complex bankruptcy litigation. But the outcome of the case at hand depends exactly on the basic question of whether the parties, in the extensive course of their dealings, ever really had an enforceable agreement between them.

In the fall of 1981, the debtors, Glover Construction Company, Inc. and Glover Contracting Company, Inc. (Glover), and the plaintiff, Fleetwash Systems, Inc.…