01-0111, 01-1939 Universal Foods Corporation v. Zande, et al.

By: dmc-admin//May 20, 2002//

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Universal Foods Corporation appeals from the trial court’s grant of summary judgment in favor of Elizabeth A. Zande. The trial court found that Universal Foods’s written settlement offer and Zande’s conduct created a binding unilateral contract that required Universal Foods to dismiss its defamation suit. Universal Foods claims that the trial court erred because: (1) a binding unilateral contract was never formed because Zande did not accept the terms of its offer; and (2) its settlement offer was not an offer of a unilateral contract that Zande could accept by performance alone.

We reverse for further proceedings.

This opinion will not be published.

Dist I, Milwaukee County, Miller, Cooper, JJ., Per Curiam

Attorneys:

For Appellant: Michael Nussbaum, Washington D.C.; Jeffrey Pearlman, Washington D.C.; Steven W. Keane, Milwaukee

For Respondent: Wayne M. Yankala, Milwaukee; Karen W. Moore, Milwaukee

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