The parties appealed enforcement of the settlement agreement the Budget Parties alleged the settlement agreement was void because it was procured by fraud. Tilley’s counsel was notified the Budget Parties would not honor the agreement because they believed Tilley had misrepresented the condition of the loader, and the Budget Parties relied upon that representation when they agreed to the settlement. Tilley’s attorney advised that if the $100,000 payment was not received the next day a motion to enforce the settlement agreement would be filed, and Tilley would seek an award of attorney fees. Because the loader’s condition was not as Tilley had allegedly represented, the Budget Parties refused to pay Tilley the $100,000 that was due the following day. In accordance with the settlement agreement, a loader was delivered to the Budget Truck Sales’ lot. Once a resolution was reached, the parties recited the terms of their agreement on the record in open court. By the second day of trial, the parties engaged in settlement negotiations to resolve each of the cases. Trial started for the consolidated cases on December 13, 2016. Tilley filed a lawsuit against Brek Pilling and Brian Tibbits, alleging they personally owed him for his share of the profits. Budget Truck Sales, LLC filed a lawsuit against Tilley, alleging that Tilley owed it money on an open account for loans it had provided to Tilley. Shortly thereafter, the relationship of the parties broke down, leading to the filing of three separate lawsuits. Tibbets, and Mike Tilley (the “Budget Parties”) and Kent Tilley entered into various oral agreements relating to the purchase, repair and sale of large trucks and heavy equipment.
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