Appeals Court: NANCY DALRYMPLE v. TOWN OF WINTHROP

KeywordsPractice, Civil, Summary judgment. Contract, Settlement agreement, Performance and breach, Construction of contract. Judgment, Implementing settlement agreement. Judicial Estoppel

The Appeals Court affirmed a Superior Court judgment which was in favor of the Town on its claim that the Defendant former employee repudiated a settlement agreement.  The Court noted ” We conclude that Dalrymple’s delay in signing the settlement for a period of nearly one year after the agreement was first made, while litigating claims that were barred by the release, constituted a repudiation of the agreement as a matter of law.  Accordingly we affirm the entry of judgment in favor of the town.” [Excerpt] – “The plaintiff, Nancy Dalrymple, appeals from a summary judgment entered in favor of the town of Winthrop (town), dismissing her complaint for breach of contract and unjust enrichment. . . .  On appeal, she contends that the town committed a breach of a settlement in a Federal court action.  The town maintains that Dalrymple repudiated the settlement agreement and pursued claims barred by its terms.  We conclude that Dalrymple’s delay in signing the settlement for a period of nearly one year after the agreement was first made, while litigating claims that were barred by the release, constituted a repudiation of the agreement as a matter of law.  Accordingly we affirm the entry of judgment in favor of the town.”

Kudos to MMLA Michele E. Randazzo who appeared on behalf of the Town of  Winthrop.   Click here for the full text of the Appeals Court’s decision.

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