Something More, LLC v. Weatherford News, Inc.
2013 OK CIV APP 85
| Okla. Civ. App. | 2013Background
- Weatherford Daily News entered a 2002 Preprint Agreement with Hall IGA Superthrift (advertiser) to insert Hall's brochures into newspapers.
- Something More, LLC d/b/a Hall's IGA and Greg Hall alleged breach, fraud, and tortious interference from unused brochures discarded in dumpsters after February 2003.
- Greg Hall filed bankruptcy Oct 15, 2005; debts discharged Feb 23, 2006; Jackson County case dismissed May 20, 2010 for improper venue.
- Something More and Greg Hall filed a substantially similar suit in Custer County, Oklahoma, on Jan 28, 2011.
- Trial court granted summary judgment Mar 28, 2012 holding judicial estoppel against Something More and Greg Hall; judgment entered Apr 6, 2012 against Weatherford Daily News.
- Oklahoma appellate court held Greg Hall is judicially estopped; Something More, LLC not barred by estoppel; reversed summary judgment against Something More and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether judicial estoppel bars Greg Hall's claim | Hall failed to disclose the Jackson County suit as an asset | Estoppel prevents inconsistent positions after bankruptcy | Greg Hall barred by judicial estoppel |
| Whether Something More, LLC was a party to the Preprint Agreement | Undisclosed principal theory; Hall's IGA may have acted for Something More | Preprint Agreement named Hall IGA, not Something More; no party status for Something More | Disputed whether Something More was a party; remanded for further proceedings |
| Effect of undisclosed principal theory on contract authority | Undisclosed principal principles bind third parties to contracts | Contract formed between Weatherford and Hall individually; no undisclosed principal | Material dispute on agency/principal issue; requires remand |
Key Cases Cited
- Bank of the Wichitas v. Ledford, 151 P.3d 103 (OK 2006) (judicial estoppel analysis in bankruptcy context)
- Eastman v. Union Pac. R.R. Co., 493 F.3d 1151 (10th Cir. 2007) (applies judicial estoppel where undisclosed pending lawsuit is asset in bankruptcy)
- Choate v. Stander, 160 P.737 (OK 1916) (undisclosed principal concept in contract formation)
- Shenners v. Adams, 148 P.1023 (OK 1915) (undisclosed principal may enforce contract when agent acts for principal)