Ralph W. CATON d/b/a Caton Sales Company, Plaintiff-Appellant, v. LEACH CORPORATION, Defendant-Appellee, 896 F.2d 939

Summary

Plaintiff employee sued defendant employer after being terminated as sales representative for breach of contract and implied contract, wrongful discharge, and amounts owed as restitution. The district court granted defendant's motion for summary judgment on the ground that the contract gave defendant the express right to terminate the parties' relationship upon 30 days' notice. The court reversed in part and affirmed in part. The court found that the contract was ambiguous and not dispositive of the question of plaintiff's right to at least a portion of the commissions from a buy that was not completed before his termination. The court found that the district court should admit evidence as to the parties' intent and that it would be defendant's burden to show that the forfeiture of commissions was the unmistakable intention of the parties. The court also reversed the grant of summary judgment as to plaintiff's claim of breach of the implied covenant of good faith, finding that there ...