HEIDI BALDWIN, Plaintiff and Appellee, v. NATIONAL COLLEGE, a division of DLORAH, INC., a South Dakota Corporation, Defendant and Appellant, and BONNIE FLYTE, Defendant., 537 N.W.2d 14

Summary

College appealed from a judgment that awarded employee damages for breach of contract. The court affirmed the award of the amount declared due as a bonus provision under the contract, but remanded for a determination of damages. Although the court found the language of the contract, which plainly excepted bonus payments upon termination, clear and unambiguous, the trial court was still correct in awarding employee's commission under the theory of waiver. A waiver existed where one in possession of any right, and of full knowledge of the material facts, had or forebode the doing of something inconsistent with the existence of the right. College's president was advised by memoranda of the bonus controversy. The admissions director repeatedly wrote, and expressed in a memorandum, his acknowledgment that the bonus was owed as per a request by the president and the academic dean. It was clear from the evidence that they were ostensible agents of the college with authority to determine ...