- 12 - during the February 21 conversation was, at best, his understanding of the intent or actions of another person–-Ms. Gonzalez or her office. The subsequent discussion between Messrs. Carriger and Stientjes was essentially an argument about whether petitioners’ offer of settlement had been accepted. The essence and focus of the February 21 and March 2, 2006, telephone conversations indicate that petitioners were more concerned about avoiding the new issue (noncash contribution) than merely enforcing the settlement of the cash contribution issue. We are not compelled to consider this subtlety, because we hold that there was no acceptance of the offer, and, hence the entire case could not have been settled. Even though respondent’s counsel indicated in the March 2, 2006, telephone conversation that the cash contribution issue was or would be settled, that was after a new issue (the non-cash-contribution issue) had been raised. In any event, it is not sufficiently clear that the cash contribution issue had been settled before the March 2, 2006, conversation. Although there is precedent that would permit this Court to enforce an oral settlement or acceptance of a settlement offer, it must appear reasonably certain that the parties had agreed orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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