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

Summary

The court held that the parties formed an enforceable oral settlement agreement by placing its complete terms on the record, and that the later failure to sign a written memorial did not prevent enforcement. Chilkoot's unsuccessful negotiations for new performance dates neither replaced nor abandoned the original agreement, so the superior court erred by enforcing a modified agreement instead of the original one. Because the resulting sanctions were civil and based on that invalid modified order, they did not survive reversal. FABE, Justice, dissenting in part, would have remanded for findings on mutual rescission and any equitable-estoppel defense.