On January 1985, Anne Marie Vaskie (plaintiff) was in a car accident with another car insured by West American Insurance Co. (West American) (defendant). On December 1, 1986, West American sent a letter to Vaskie’s attorney offering $25,000.00 for Vaskie’s personal injuries. The letter did not indicate when its offer would terminate. On January 9, 1987, Vaskie’s attorney accepted West American’s offer. West American refused to pay on grounds that the statute of limitations on Vaskie’s claim had run on January 1, 1987. Vaskie sued for breach of the alleged settlement agreement. Both parties moved for summary judgment. The trial court found in favor of Vaskie and awarded her $25,000.00. West American appealed, arguing that either judgment should have been rendered in its favor or that factual issues prevented the trial court from entering summary judgment.