United States Eighth Circuit

In a suit brought by a commercial property development company against the owner of a chain of movie theaters for breach of express contract, breach of implied contract, and promissory estoppel, dismissal and summary judgment rulings in favor of defendant are affirmed where: 1) a letter of intent did not create an express contract between the parties as it did not create a definitive lease agreement for the property; 2) an implied contract claim failed as a matter of law, as no writing existed to satisfy the statute of frauds; 3) a promissory estoppel claim failed as it was barred by the statute of frauds and defendant was not estopped from raising that defense; and 4) the district court did not abuse its discretion in approving a clerk's taxation of costs.

Appellate Information

• Decided 08/31/2007
• Published 08/31/2007

Judges

• SMITH, Circuit Judge., Before MELLOY, SMITH, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael F. Coyle, argued, David J. Stubstad and Sherman P. Willis, on the brief, Omaha, NE, for appellant.


• For Appellees:
  
• Lynn S. McCreary, argued, Jeremiah J. Morgan, and Jennifer A. Donnelli, on the brief, Kansas City, MO, for appellee.