Brief 15.1 - the payments up until February 2002 After the...

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Brief 15.1 Sawyer v Mills. Court of Appeals of Kentucky, 2007. _S.W.3d_. STATEMENT OF FACTS : The plaintiff, Barbara Sawyer, was employed as a paralegal at the defendant’s, Melbourne Mills, Jr’s, law firm. Mills promised to reward Sawyer for her assistance in instituting class action lawsuits, however, the parties decided no specific amount of the bonus. After the Fen-Phen settlement, Sawyer and her husband, Steve, and Mills met together on June 25, 2001. Sawyer and Stever secretly recorded the conversation, the recording confirms that Mills rejected a One Million Dollar lump sum bonus but after much encouragement, Mills did agree to pay Sawyer a bonus of One Million dollars plus the cost of a new luxury car ($65,000) in monthly installments. On June 25, 2001, during the conversation, Mills also agreed to sign a written verification agreeing to the terms of the bonus. Sawyer’s attorney drafted an agreement for the parties request but Mills never signed it. Mills did begin to pay parts of
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Unformatted text preview: the payments up until February 2002. After the payments stopped, Sawyer filed suit in a Kentucky state court against Mills claiming that he had reneged on his promise to pay the bonus. Mills filed a motion for summary judgment before the trial and the jury returned a verdict in favor of Sawyer. Mills filed for a motion of judgment notwithstanding the verdict. The trial court agreed and granted the motion. Sawyer appealed to a state intermediate appellate court. ISSUE: Does the statute of frauds apply when an agreement is drafted orally and there is no written statement signed? DECISION: No. REASONING: The appellate court sided with Mills stating that the statute of frauds did not bar this agreement because Sawyer was not able to produce a written agreement signed by Mills agreeing to the oral promise to pay her the bonus....
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