Rossi v. Transamerica Car Leasing Co.

I respectfully dissent. I believe that there is no enforceable settlement binding the parties in this case. While plaintiffs did not specifically argue at trial that a settlement was never reached, such a posture can be deduced from their argument that, inasmuch as there was no meeting of the minds, there was no contract. In any event, we will consider issues not preserved for appeal where the error is fundamental or apparent. Kline v Kline, 92 Mich App 62, 74; 284 NW2d 488 (1979).

I agree with the majority that an agreement to settle pending litigation is a contract which is governed by the…