Starlite Ltd. Partnership v. Landry's Restaurants, Inc.

OPINION

LANSING, Judge.

In litigation arising from a guaranty of a lease agreement, the district court concluded that a lease that was accepted after the offer expired was an enforceable contract by virtue of waiver. On that theory, the district court granted summary judgment. Because we conclude that under Minnesota caselaw the doctrine of waiver cannot be used to extend the time for acceptance in the formation of a contract, we reverse and remand.

FACTS

Landry’s Seafood House-Minnesota Inc. (Seafood House) extended a written, signed offer to Starlite Limited Partnership on April 30, 1998 to…