DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092246P.pdf 08/25/2010 Roger Waldner v. Janet Carr
U.S. Court of Appeals Case No: 09-2246
U.S. District Court for the Northern District of Iowa - Dubuque
[PUBLISHED] [Shepherd, Author, with Wollman and Murphy, Circuit Judges]
Civil case - contracts. A memorandum between plaintiff and the HWK
defendants was merely an agreement to agree and did not constitute a
valid, enforceable contract as the parties never signed the necessary stock
purchase agreement; because there was no valid and binding contract
plaintiff's claim for rescission fails; plaintiff failed to establish a claim
for fraudulent misrepresentation; claims for unjust enrichment and
promissory estoppel were properly rejected; plaintiff's agreement with
Haas defendants was not a contract, and the district court did not err in
granting them summary judgment on plaintiff's claims for breach of
contract and rescission; the terms of the agreement between plaintiff and
the Van Wyk defendants were not definite enough to constitute a valid
oral contract.