Thomas Masterson

Following a summary judgment motion where the plaintiffs were successful against the personal defendants but unsuccessful against the corporate defendants, the plaintiffs sought substantial indemnity costs based on a Rule 49 offer.

The defendants argued for a set-off of costs due to the mixed success.

The court found that the claims against all defendants arose from the same debt and circumstances, making it just for the unsuccessful personal defendants to pay all the plaintiffs' costs.

The court awarded the plaintiffs costs of $30,370.49, allowing the personal defendants to claim a portion from the corporate defendants at the final disposition.

The plaintiffs brought a motion for summary judgment to recover funds advanced to the defendants for unperformed work on a farm construction project.

The plaintiffs claimed unjust enrichment and breach of a settlement agreement reached under the Farm Debt Mediation Act.

The court found a genuine issue requiring trial regarding the limitation period for the unjust enrichment claim.

However, the court granted summary judgment enforcing the settlement agreement, finding the personal defendants had personally guaranteed the corporate debt and were bound by the clear terms of the mediated settlement.