Fronk v. Collins
2011 MT 315
Mont.2011Background
- Fronks and Collins met in 2001; Fronks (Pennsylvania residents) sought Montana property and horses.
- 2002: Fronks bought Fox and Dunn Ridge properties from Collins for $95,000; oral agreement for Collins to acquire horses for Fronks and keep first foal.
- 2004: Collins sought to collateralize with deeded back properties for a cattle deal, with promise to reconvey free of encumbrances within five years.
- 2005–2006: Fronks discovered unauthorized sales/trades by Collins and attempted settlement by correspondence; counsel eventually engaged.
- February 2007: Settlement meeting with counsel led to a handwritten “Memorandum of Agreement” addressing ownership/transfer of Fox and Dunn Ridge properties and related debts; Collins later failed to comply, Fronks filed suit December 2007; amended and renewed summary judgments followed, ultimately enforcing the Agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Agreement is enforceable contract | Fronk argues the Agreement is enforceable as a settlement of disputes. | Collins contends the Agreement is a roadmap for negotiations, not an enforceable contract. | Enforceable contract; summary judgment affirmed. |
| Whether consent was obtained free from duress or menace | Fronk contends consent was valid and not obtained by duress. | Collins argues duress/menace tainted consent. | Consent valid; no duress/menace found. |
| Whether the evidence and arguments on duress were properly analyzed given briefing | Fronk relies on district court analysis of consent. | Collins argues opposing authorities should control. | Collins waived argument for lack of developed briefing; argument not considered. |
Key Cases Cited
- Clifford v. Great Falls Gas Co., 68 Mont. 300, 216 P. 1114 (1923) (Mont. 1923) (duress/menace can invalidate consent when threats relate to coercion for debt)
- Averill Machinery Co. v. Taylor, 70 Mont. 70, 223 P. 918 (1924) (Mont. 1924) (threats of prosecution can render consent invalid if coercive)
- Valley Bank of Ronan v. Hughes, 2006 MT 285, 334 Mont. 335, 147 P.3d 185 (Mont. 2006) (ratification discussion relevant to contract validity)