Fujimoto V Rio Grande Pickle Co

414 F.2d 648 (5th Cir. 1969)

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Nature of the Case

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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.