Kenneth J. Prenger v. Cyril Baumhoer

Kenneth Prenger appeals from the decision of the circuit court granting summary judgment and entering judgment in favor of Cyril Baumhoer. Appellant alleges two points of trial court error. First, appellant argues respondent's Motion for Summary Judgment failed to comply with Rule 74.04(c)(1) in that it did not state with particularity each material fact as to which there was no genuine issue. Appellant next contends that the letter setting forth a ""tentative agreement"" between the parties constituted a promise sufficient to support a claim of promissory estoppel even though it had already been determined by this court in Prenger v. Baumhoer, 914 S.W.2d 413 (Mo. App. 1996), that the same letter was not a binding contract. Appellant specifically asserts that promissory estoppel is available as a remedy to enforce a promise which does not create a binding contract but nevertheless has been detrimentally relied upon by a promisee. Because we find that the alleged promise in this case was not definite enough to sustain appellant's promissory estoppel claim, we affirm. In addition, as this is not a frivolous appeal, we deny respondent's Motion for Sanctions.