May v. Anderson

OPINION

By the Court, Hardesty, J. :

In this case, all parties agreed to the essential terms of a release in reaching a global settlement, but three parties later refused to execute the release document. We therefore consider whether the essential terms of a release are a material part of a settlement agreement, without which the settlement agreement is never formed, or whether the release’s terms are inconsequential in determining whether the parties have reached a settlement agreement. We conclude that the release’s essential terms are material and therefore required for an enforceable…