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Cook v. Coldwell Banker/Frank Laiben Realty Co.

Missouri Court of Appeals
967 S.W.2d 654 (1998)


Facts

Cook (plaintiff) worked for Coldwell Banker/Frank Laiben Realty Co. (Coldwell Banker) (defendant) as a real estate agent. In March 1991, Coldwell Banker announced a bonus program. The program provided three levels of compensation based upon commissions earned for the year. Agents earning over $25,000 in commissions would receive the largest bonuses, which would be paid at the end of the year. In September, Coldwell Banker announced that the bonuses would be paid at a banquet in March 1992, and that, in order to receive a bonus, the agent would need to remain with the company until then. Cook had already surpassed $32,000 in commissions by the time the announcement was made. At the end of the year, Cook was entitled to a bonus of over $17,000. In January 1992, Cook accepted a position with another company. Coldwell Banker informed her that she would not receive her bonus for 1991. Cook filed suit. The trial court entered judgment in her favor. Coldwell Banker moved for a directed verdict, arguing that Cook (1) had not established consideration for the offer of a bonus and (2) had not accepted the offer. The motion for a directed verdict was denied. Coldwell Banker appealed to the Missouri Court of Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Crane, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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