CRICKET RIDGE, LLC, Appellant-Defendant, vs. JOSEPH RICHARD WRIGHT, Appellee-Plaintiff., 880 N.E.2d 1271

Summary

The appellate court held that a comprehensive settlement represented one contract between the seller and the LLC, despite its several subparts and divisible consideration. The subparts were signed the same day, all of the transactions were closed the same day, and the transactions involved the same parties and parcels of real estate situated close to one another. The LLC made a judicial admission that a comprehensive settlement was reached. Further, the seller was told that if options for parcels F and G were not given, there would be no contract. The LLC's breach of the settlement agreement relieved the seller of the obligation to sell parcel F to the LLC. The LLC's counterclaim failed as the LLC breached the comprehensive settlement. The seller was never offered an alleged tender before it was deposited with the clerk. There was not good tender, and prejudgment interest was properly awarded on the amount deposited with the clerk. Finally, the damages with respect to parcel D were ...