Skebba v. Kasch

724 N.W.2d 408 (2006)

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Nature of the Case

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Facts

P worked for many years for a company that eventually experienced serious financial difficulties. D had hired P as a sales representative, and over the years promoted him first to account manager, then to customer service manager, field sales manager, vice president of sales, senior vice president of sales and purchasing, and finally to vice president of sales. D experienced serious financial problems and P was solicited by another company. P gave notice and D asked what it would take to get him to stay? P told D that he needed security for his retirement and family and would stay if D agreed to pay P $ 250,000 if one of these three conditions occurred: (1) the company was sold; (2) P was lawfully terminated; or (3) P retired. D agreed and P turned down the job opportunity and stayed with Kasch from December through 1999 when the company assets were sold. P repeatedly asked D for a written summary of this agreement. D sold the business and received 5.1 million dollars for his share. P asked for the $250,000, but D refused and developed amnesia over having made such an agreement. D gave P a severance agreement which had been drafted by D's lawyers in 1993. P sued for breach of contract and promissory estoppel. The jury found there was no contract, but that D had made a promise upon which P relied to his detriment, that the reliance was foreseeable, and that P was damaged in the amount of $250,000. The trial court struck the jury's answer on damages. P appealed.