MacKimmie v. Waytenick
MacKimmie v. Waytenick
Opinion of the Court
Plaintiffs brought this action on a $20,000 promissory note.
The case was tried to the court, which found, in essence, that the parties never finalized an agreement. The court explained in its letter opinion, inter alia:
“There is no determining how often and how close they were to an enforceable agreement. They simply didn’t, from the overall picture, make it.”
Consequently, the court awarded judgment to plaintiffs on the note and also decided the counterclaim in their favor.
Defendants appeal. Their assignments of error are not in proper form and are confusingly worded. The first two state:
“1. The trial court erred as a matter of law in finding that the parties ‘failed to legally finalize a contract of sale.’
“2. The trial court’s conclusion that $20,000 should be returned to the plaintiffs by the defendants is not supported by substantial evidence in the record.”
The point of the argument supporting both assignments is that there was no evidence from which it could be found that the parties did not consummate an agreement for the sale and purchase of the business. That point is incorrect.
Affirmed.
They also stated a claim for money had and received, which the trial court decided against them and which is not involved in the appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.