FUJIMOTO v RIO GRANDE PICKLE CO
414 F.2d 648 (5th Cir. 1969)
NATURE OF THE CASE: This was a breach of contract action. Rio (D), employer, appealed
from the order, which entered judgment on a jury verdict in favor of Fujimoto (P) employees.
FACTS: Fujimoto (P) and Bravo (P) both held key positions with Rio Grande Pickle Co (D).
Both P's were unhappy and threatened to quit D's employee. D orally agreed to provide both
P's with profit sharing. D offered each of them a new employment contract providing for
profit sharing. The contracts did not specify a method of acceptance or how their acceptance
should be communicated to D. Both P's signed the contracts and kept the copies. Both P's
continued to work for D for 14 months believing they had accepted the new contract. During
the 14-month period both P's discussed the profit sharing plan with a corporate officer of
D. D never paid the bonus and both P's sued for breach of contract. D argued that because
the contracts had never been returned there had been no acceptance.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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