Sprout v. Board of Education

(Filed July 21, 2004)

I dissent from the majority opinion because whether the parties entered into a binding settlement agreement is a question for the trier of fact and is not a question properly resolved at the summary judgment stage. “As a general proposition, it is recognized that the questions of whether parties have reached a meeting of minds in an agreement situation and whether their undertakings have involved mutuality, are ordinarily ones of fact.” Conley v. Johnson, 213 W.Va. 251, 254, 580 S.E.2d 865, 868 (2003). “Further, it is has been held that summary judgment is rarely…