The plaintiff and defendant, who are siblings, were involved in estate litigation.
The plaintiff alleged that he, the defendant, and another sister entered into an oral agreement to each contribute $10,000 towards a legal retainer, and in return, share equally in any settlement proceeds.
The defendant denied the agreement, arguing she never verbally promised to share the proceeds.
The court found that by paying her $10,000 share of the retainer, the defendant objectively assented to the terms of the oral agreement.
The court also held that the oral agreement was not collateral to the written Minutes of Settlement, and even if it was, it did not conflict with them.
The plaintiff was awarded his one-third share of the settlement proceeds.
