Pelletier v. Pelletier

John and Paul Pelletier formed St. Sauveur Development in the 1970s and transferred title of several jointly-owned properties to the corporation. In 2002, an appraiser appraised the corporation's property holdings. After the appraisal, the brothers agreed to divide the properties and how they would be divided, with the understanding that John would make a cash payment to Paul to equalize the division. In 2004, John began making payments to Paul. In 2005, the brothers received an analysis from Paul's accountant that they agreed on the actual amount of Paul's payment and to the payment terms, including the interest rate. Paul subsequently filed a complaint for dissolution and other relief. The business and consumer docket determined and divided John's and Paul's interests in St. Sauveur, concluding that the parties had entered into an enforceable agreement in 2002. The Supreme Court vacated in part, holding (1) the agreement regarding interest was reached in 2005, and therefore, the court's determination that interest should accrue from the date of the 2002 appraisal was error; and (2) the court did not err in failing to find that a check from St. Sauveur that Paul negotiated in 2009 gave rise to an accord and satisfaction. Remanded. View "Pelletier v. Pelletier" on Justia Law