Amerisource Mortgage, Inc. v. McConville
Plaintiffs Amerisource Mortgage, Inc. and Angelo Di Nallo sued defendant Sean J. McConville, Amerisources President, for conversion and other related claims based upon McConvilles withdrawal of over $111,000 from Amerisources bank account. McConville moved for summary judgment, asserting that he had accepted an offer by Amerisource that allowed him to keep the funds if he was willing to surrender his interest in the company and enter into a release of all claims between himself and the company. Although the parties were not able to agree on the terms of the release, McConville contended that the offer and acceptance constituted an agreement only to negotiate in good faith, and that the $111,000 was the consideration Amerisource paid him to enter into that agreement. Plaintiffs argued that the parties intended that there would not be an agreement until there was a signed release. The trial court granted McConvilles motion and entered judgment in his favor. Court find that the language of the offer is ambiguous, and that McConville failed to meet his burden on summary judgment to present evidence to resolve the ambiguity. Accordingly, Court reverse the judgment.
Comments on Amerisource Mortgage, Inc. v. McConville