DeMarco v. Ohio Decorative Products, Inc.

19 F.3d 1432 (1994)

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DeMarco v. Ohio Decorative Products, Inc.

United States Court of Appeals for the Sixth Circuit
19 F.3d 1432 (1994)

SC

Facts

DeMarco (plaintiff) was a sales representative for Ohio Decorative Products, Inc. (Ohio Decorative) (defendant). After DeMarco’s employment with Ohio Decorative ended, DeMarco sued his former company for breach of contract. DeMarco alleged that he and Ohio Decorative had orally agreed to a “life-of-the-part” provision in his employment contract. The alleged provision entitled DeMarco to commissions on the sale of every part for which he obtained the first order, even after his employment terminated. When DeMarco left Ohio Decorative, the company ceased paying him commissions, prompting the lawsuit. DeMarco’s claim rested in part on a 1965 contract. DeMarco conducted a search for the original contract but could not find it and claimed that it was either lost or destroyed. Ohio Decorative argued that DeMarco’s inability to produce the original 1965 contract rendered its terms inadmissible under the best evidence rule. The district court overruled this objection and permitted testimony about the contract’s terms. The jury found in DeMarco’s favor. Ohio Decorative appealed.

Rule of Law

Issue

Holding and Reasoning (Guy, Jr., J.)

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