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Fortress Systems, LLC v. Bank of the West

United States District Court for the District of Nebraska

2008 WL 64690 (2008)

Relevant factsFree

Bank of the West (defendant) documented loan terms with Fortress Systems (plaintiff) in a commitment letter, but delayed closing upon learning of Fortress's pending shareholder litigation, telling Fortress the loan would close once that litigation was settled; the Bank continued requesting financial information as Fortress worked toward a settlement, entered a building contract, and invested its own money in construction in reliance on the Bank's assurances, only to have the Bank ultimately refuse to fund the loan. Fortress sued for promissory estoppel, and the jury made specific factual findings supporting Fortress's reliance claim.

IssueFree

Whether a promise is enforceable, even absent a formal contract, when one party reasonably and detrimentally relies on another party's clear promise.

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