Chilkoot Lumber Co., Inc., Appellant v. Rainbow Glacier Seafoods, Inc., Appellee — Fabe, J., Dissenting

Summary

Justice Fabe, joined by Justice Winfree, agrees that the parties formed an enforceable oral settlement agreement and that the absence of Rainbow's later signature did not invalidate it. The dissent would nevertheless remand for findings on whether the parties mutually rescinded the original agreement when they discussed restarting the performance deadlines, and, if not, whether Rainbow could establish equitable estoppel. The dissent also concludes that Rainbow should be permitted to develop that estoppel defense because the enforcement hearing functioned largely as an on-record settlement discussion.