Tomczak v. Koochiching County Highway Department
Minnesota Court of Appeals
1999 Minn. App. LEXIS 138 (Feb. 9, 1999)
Relevant factsFree
The county (defendant) agreed to furnish a pump to address rising water levels near the Tomczaks' (plaintiffs) property, and the Tomczaks signed a release agreeing to fuel and oil the pump and waive liability; after the county stopped pumping and the Tomczaks' house later flooded, they sued for breach of contract, and the trial court dismissed the claim.
IssueFree
Whether a gratuitous conditional promise is enforceable.