Omni Investment Corporation v. Cordon International Corporation, Anchorage Helicopter Service, Inc., and Utility Helicopters, Inc.

The district court specifically enforced a pretrial settlement agreement between Omni Investment Corporation (Omni) and three affiliated parties, Cordon International Corporation, Anchorage Helicopter Service, Inc., and Utility Helicopters, Inc. (collectively called Cordon), and dismissed with prejudice Omni’s breach of contract action.

On appeal, Omni alleges that the agreement was invalid as an arrogation of the judicial function. It argues also that the agreement was impossible to perform and should not be enforced because of the failure of a condition precedent. Further, it asserts specific enforcement would result in an unconscionable forfeiture and that the court erred in failing to consider newly discovered evidence. We affirm.

Cordon entered into a 30-day aircraft brokerage agreement with Omni for the sale of a Cessna Citation jet aircraft. Omni allegedly found a ready, willing, and able buyer, but the plane was sold to another. It now seeks the stipulated 5% sales commission of $32,000.

Cordon denies liability under the brokerage agreement, asserting that the buyer’s offer was merely conditional, partly dependent on demonstration of the aircraft at Cordon’s expense,…