Alaska Supreme Court

Chilkoot Lumber Co., Inc., Appellant v. Rainbow Glacier Seafoods, Inc., Appellee

June 10, 20112011 Alas. LEXIS 46

Summary

The court held that the parties formed an enforceable settlement agreement when they stated its complete terms on the record, despite Rainbow's failure to sign a later written memorialization. Because the parties never agreed on revised performance dates, their failed renegotiation did not replace or rescind the original agreement, and the superior court was required to enforce it. The court also held that the sanctions imposed for violating the later modified order were civil and therefore did not survive reversal of that order. Justice Fabe, joined by Justice Winfree, concurred in part and would have remanded for consideration of rescission and equitable-estoppel issues.