Weiss v. Smulders

Summary

The court affirmed the judgment in favor of the plaintiffs on promissory estoppel and in favor of the defendants on their breach of contract counterclaim. It held that the plaintiffs had standing because the claim arose after the bankruptcy filing, and that the oral promises concerning a future joint venture were collateral to the written distribution agreement. The plaintiffs failed to prove the value of the proposed venture with reasonable certainty, and the trial court acted within its discretion in refusing to reopen the evidence. The plaintiffs also could not rely on alleged prior breaches because they failed to provide the contractually required notice and opportunity to cure.