Stone Motor Company, Appellant/cross-Appellee v. General Motors Corporation, Appellee/cross-Appellant

I join in affirming the district court’s denial of attorney’s fees to GM, but respectfully dissent from the portion of the opinion which holds GM provided valuable consideration for the release.

My dissent is based upon a fundamental disagreement with the majority concerning GM’s contractual obligation under the Dealer Service and Sales Agreement (the “Agreement”) to approve the sale of Stone to Fairground. The majority concludes GM had no obligation to approve the sale because GM retained discretion under the Agreement “to weigh the proposed dealership’s qualifications and analyze its…