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Appeals court hears dispute over contract interpretation, seals and estoppel in Gerhardt v. Burr
Summary
Counsel debated whether oral statements and years of silence could bar contract rights (estoppel/waiver) and whether signature/"under seal" language in contract schedules satisfied statute-of-limitations and seal requirements; both sides said factual findings were central and urged deference to the trial judge or to a trial on facts.
The appeals panel heard argument March 9 in Gerhardt and Severns v. Burr over whether the trial court erred on summary judgment by failing to credit evidence (affidavit and deposition testimony) that the defendant said showed plaintiffs agreed they would not receive future participation payments.
Richard Pedoni, for defendant-appellant Robert Burr, told the court the summary-judgment record includes Burr's affidavit and deposition testimony that "they acknowledged they…
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