Wyman v. Rogers
Opinion
STATE OF MAINE SUPERIOR COURT KENNEBEC, ss. CIVIL ACTION Docket No. CV-07-242 I\/\'\, -- /i '-'.
-( r,./ - 1'-. )(
WANDA WYMAN and JOHN WYMAN
Plaintiff
v. DECISION AND ORDER
DIANE ROGERS and SMOKERISE, INC. d/b/ a THE BIRCHES ~ONALD L_ GARBRECHT FAMILY CAMPGROUND LAW LIBRARY
Defendants
The defendants move for summary judgment pursuant to M.R. Civ. P. 56. The
defendants filed a statement of material facts (DSMF). The plaintiffs responded
(PRSMF) and filed a statement of additional material facts (PSAMF), to which the
defendant did not file the required response. See M.R. Civ. P. 56(h)(2) & (3).
In approximately May 2006, defendant Diane Rogers discussed with the plaintiff
Wanda Wyman, the purchase by defendant Smokerise, Inc. of the plaintiffs' 2000
Breckenberg Park Model 1238 camper. (DSMF fJI 1; PRSMF fJI 1.) On or about January
22, 2007, defendant Rogers sent the plaintiffs a letter of intent to purchase the camper.
(DSMF fJI 2; PRSMF fJI 2.) Defendant Rogers would buy the camper and all of its
accessories, including an 8' x 34' deck, screened-in porch, awning, and detached shed
for $25,500.00. (DSMF fJI 3; PRSMF <j[ 3.)l
1 The defendants' argument that, at the very least, there is no individual liability on the part of defendant Rogers does not make sense in light of her own affidavit: "The arrangement was that I would buy the Camper ...." DSMF err 3; Rogers Aff. err 4.
Defendant Rogers later notified the plaintiffs that because of potential
foreclosure on the campground at which the camper was located, defendant Rogers
would be unable to complete purchase of the camper. (DSMF <j[ 6; PRSMF <j[ 6.) On
February 9, 2007, the plaintiff sent defendant Rogers an email stating:
What a blow, I was thinking of you and thought I would see how you were doing? I wish there was a way the bank would be more cooperative with you. What jerks not to cut you some slack. I also suffered a blow also, since we could not sell the camper I will not be able to purchase dads home. I'm not telling you this to make you feel bad, Please don't' feel bad I know you would have honored your agreement if at all possible and I don't hold you responsible in any way. Maybe the new owner of the campground might be interested would it be to much to ask that you let who ever know that we are still interested in selling it. I hope the sale goes smoothly for you and that you come out ahead I fell so bad that you have to sell it, I know you were going to some day as part of your retirement but not now. If there is anything I can do even to lend an ear do not hesitate to call me ok. Thinking of you, Love Wanda
(DSNIF <j[ 8; PRSMF <j[ 8.; Wyman Aff. Ex. V.)
Discussion
The defendants argue that any contract was terminated by mutual agreement of
the parties. A mutual agreement to rescind a contract is itself a contract. Drinkwater v.
Patten Realty Corp., 563 A.2d 772, 775 (Me. 1989). The plaintiffs have raised issues of
material fact regarding whether the parties mutually assented to rescind the contract.
Id.; PRSMF <j[ 8; PASMF <j[<j[ 22-28.
The entry is
The Defendants' Motion for S mary Judgment is DENIED.
Date: May 13, 2008
WANDA E WYMAN - PLAINTIFF SUPERIOR COURT KENNEBEC, ss.
Attorney for: WANDA E WYMAN Docket No AUGSC-CV-2007-00242 JED DAVIS - RETAINED 08/22/2007 MITCHELL & DAVIS 86 WINTHROP STREET DOCKET RECORD AUGUSTA ME 04330
JOHN K WYMAN - PLAINTIFF
Attorney for: JOHN K WYMAN JED DAVIS - RETAINED 08/22/2007 MITCHELL & DAVIS 86 WINTHROP STREET AUGUSTA ME 04330
vs DIANE ROGERS - DEFENDANT PO BOX 17, WINDHAM ME 04062 Attorney for: DIANE ROGERS SONIA J BUCK - RETAINED LINNELL CHOATE & WEBBER LLP 83 PLEASANT STREET PO BOX 190 AUBURN ME 04212-0190
SMOKERISE INC - DEFENDANT
Attorney for: SMOKERISE INC SONIA J BUCK - RETAINED LINNELL CHOATE & WEBBER LLP 83 PLEASANT STREET PO BOX 190 AUBURN ME 04212-0190
Filing Document: COMPLAINT Minor Case Type: CONTRACT Filing Date: 08/22/2007
Docket Events: 08/22/2007 FILING DOCUMENT - COMPLAINT FILED ON 08/22/2007
08/22/2007 Party(s): WANDA E WYMAN ATTORNEY - RETAINED ENTERED ON 08/22/2007 Plaintiff's Attorney: JED DAVIS
08/22/2007 Party(s): JOHN K WYMAN ATTORNEY - RETAINED ENTERED ON 08/22/2007 Plaintiff's Attorney: JED DAVIS
08/22/2007 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 08/22/2007
08/22/2007 party(s): DIANE ROGERS SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 08/04/2007 Page 1 of 5 Printed on: 05/19/2008
AUGSC-CV-2007-00242
DOCKET RECORD
SERVED ON DIANE ROGERS
08/22/2007 Party(s): SMOKERISE INC SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 08/07/2007 SERVED ON DIANE ROGERS FOR SMOKERISE, INC.
09/20/2007 Party(s): DIANE ROGERS,SMOKERISE INC RESPONSIVE PLEADING - ANSWER FILED ON 08/21/2007 Defendant's Attorney: SONIA J BUCK
09/20/2007 Party(s): DIANE ROGERS ATTORNEY - RETAINED ENTERED ON 08/21/2007 Defendant's Attorney: SONIA J BUCK
09/20/2007 Party(s): SMOKERISE INC ATTORNEY - RETAINED ENTERED ON 08/21/2007 Defendant's Attorney: SONIA J BUCK
09/27/2007 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 06/01/2008
ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 09/26/2007 NANCY MILLS , JUSTICE
09/27/2007 ORDER - SCHEDULING ORDER ENTERED ON 09/26/2007 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL
12/04/2007 Party(s): WANDA E WYMAN,JOHN K WYMAN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/04/2007 Plaintiff's Attorney: JED DAVIS WANDA WYMAN'S REQUEST FOR ADMISSIONS TO DEFS SERVED ON SONIA BUCK, ESQ., ON 11/30/07.
12/04/2007 Party(s): DIANE ROGERS,SMOKERISE INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/04/2007 BY ATTY CONWAY AND BUCK FOR DEFS'S ... FIRST REQUEST FOR ADMISSIONS SERVED ON JED DAVIS ESQ ON 11/20/07.
12/06/2007 Party(s): WANDA E WYMAN ADR - NOTICE OF ADR PROCESS/NEUTRAL FILED ON 12/04/2007 Plaintiff's Attorney: JED DAVIS MEDIATION WITH MATTHEW DYER, ESQ. ON 01/14/08.
12/06/2007 Party(s): WANDA E WYMAN,JOHN K WYMAN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/06/2007 Plaintiff's Attorney: JED DAVIS WANDA WYMAN'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DIANE ROGERS, SERVED ON S. BUCK, ESQ. ON 12/05/07.
12/18/2007 Party(s): DIANE ROGERS,SMOKERISE INC MOTION - MOTION SUMMARY JUDGMENT FILED WITH AFFIDAVIT ON 12/17/2007 Defendant's Attorney: SONIA J BUCK W/ AFFIDAVIT OF DIANE ROGERS, MEMORANDUM OF LAW, STATEMENT OF MATERIAL FACTS, PROPOSED Page 2 of 5 Printed on: 05/19/2008
AUGSC-CV-2007-00242
DOCKET RECORD
ORDER, REQUEST FOR HEARING
12/20/2007 Party(s): WANDA E WYMAN,JOHN K WYMAN MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 12/18/2007 Plaintiff's Attorney: JED DAVIS
01/02/2008 Party(s): DIANE ROGERS,SMOKERISE INC OTHER FILING - OPPOSING MEMORANDUM FILED ON 12/31/2007 Defendant's Attorney: JOHN CONWAY DEFTS' OPPOSITION TO PLTF'S MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFTS' MOTION FOR SUMMARY JUDGMENT
01/02/2008 Party(s): DIANE ROGERS,SMOKERISE INC MOTION - MOTION STAY OF PROCEEDINGS FILED ON 12/31/2007 Defendant's Attorney: SONIA J BUCK DEFTS' MOTION TO STAY DISCOVERY PENDING RULING ON DEFTS' MOTION FOR SUMMARY JUDGMENT AND DEFTS' MOTION FOR RULE 11 SANCTIONS. PROPOSED ORDER.
01/02/2008 Party(s): DIANE ROGERS,SMOKERISE INC MOTION - MOTION FOR SANCTIONS FILED ON 12/31/2007 Defendant's Attorney: SONIA J BUCK DEFTS' MOTION FOR SANCTIONS AGAINST PLTFS PURSUANT TO RULE 11
01/04/2008 Party(s): WANDA E WYMAN DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/03/2008 Plaintiff's Attorney: JED DAVIS PLT WANDA WYMAN'S RESPONSE TO DEF ROGERS REQUEST FOR ADMISSIONS SERVED ON ATTY BUCK ON 1/2/08
01/07/2008 Party(s): DIANE ROGERS,SMOKERISE INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/07/2008 Defendant's Attorney: JOHN CONWAY DEF'S RESPONSES TO REQUEST FOR ADMISSIONS SERVED ON ATTY DAVIS ON 1/4/08.
Free access — add to your briefcase to read the full text and ask questions with AI
Wyman v. Rogers (Wyman v. Rogers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.