Monday, December 11, 2006
Nebraska Beef loses appeal in Eighth Circuit Court of Appeals after Minnesota federal court granted summary judgment on its complaint for excessive over-advance fees Wells Fargo charged it061207P.pdf 12/11/06 Nebraska Beef, Ltd. v. Wells Fargo BusinessU.S. Court of AppealsCase No. 06-1207 District of Minnesota. Nebraska Beef before going belly up in 1997 drew advances from Wells Fargo that exceeded its credit limit. Plaintiff sued to recover Wells Fargo's overadvances that totalled $211k; Plaintiff complained that it did not agree to the increased advance charges Wells Fargo was charging it. District Court dismissed case on summary judgment finding the parties properly agreed to a unilateral contract for the increased advance charges, under Minnesota law. "When Nebraska Beef began to withdraw funds through the May 1997 overadvance, it did so fully aware that an extension beyond the agreed line of credit would come at an additional cost. Wells Fargo's "offer" to permit continued overadvances at the stated terms constituted a unilateral contract offer that was accepted by Nebraska Beef's election to access the overadvance. These terms, as reflected in the third amended agreement and the May 23 letter, were sufficiently definite to establish a unilateral contract offer under Minnesota law."
Posted by stan_sipple at 3:15 PM