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Contracts Keyed to Marshall
Fujumoto v. Rio Grande Pickle Co.
Citation:414 F.2d 648 (1969)
Rio Grande Pickle Company, a Colorado corporation engaged in the business of raising and selling cucumbers for the pickling industry, hired Fujimoto and Bravo. Rio Grande offered contracts with profit sharing bonus provisions to both Fujimoto and Bravo. Prior to the offer of the written contracts, the company had responded to the offerees’ demands for more compensation by orally agreeing to pay them a salary plus a bonus of ten per cent of the company’s annual profits. Bravo told the president of Rio Grande that he wanted the agreement in writing, and the president replied “I will prepare one and send you a contract in writing.” The contractual documents sent to Fujimoto and Bravo did not specify how the offers could be accepted or how the acceptances should be communicated to the company. Under these circumstances Fujimoto and Bravo signed their respective contracts but did not return them to the company. Shortly after Fujimoto and Bravo quit their jobs with Rio Grande they brought this suit, claiming that they had accepted the offered contracts and that they had not received the ten per cent bonuses due them.
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