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Contracts Keyed to Whaley
Zell v. American Seating Co.
Citation:United States Court of Appeals, Second Circuit, 1943. 138 F.2d 641.
Zell (Plaintiff) sent American Seating Co. (Defendant) a letter on October 17, 1941 inquiring as to whether defendant would be interested in plaintiff’s services acquiring contracts for national defense and war purposes on defendant’s behalf. The parties orally agreed to a contract which provided that plaintiff would receive a monthly payment of $1,000 for its services, plus a bonus paid on the defense contract price. Defendant did not want to memorialize the bonus provision in the parties’ written contract, but assured plaintiff it would be compensated accordingly. On October 31, 1941, the parties signed a written agreement reciting the terms they discussed except the contract omitted the bonus provision. After plaintiff secured a defense contract for defendant, defendant refused to pay plaintiff a bonus.
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