Oral Contracts. Jason Novell, doing business as Novell Associates, hired Barbara Meade as an independent contractor in

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Oral Contracts. Jason Novell, doing business as Novell Associates, hired Barbara Meade as an independent contractor in March 2007. The parties orally agreed on the terms of employment, including payment to Meade of a share of the company’s income, but they did not put anything in writing. In March 2009, Meade quit. Novell then told Meade that she was entitled to $9,602.17—25 percent of the difference between the accounts receivable and the accounts payable as of Meade’s last day. Meade disagreed and demanded more than $63,500—25 percent of the revenue from all invoices, less the cost of materials and outside processing, for each of the years that she worked for Novell. Novell refused. Meade fi led a lawsuit in a state court against Novell, alleging breach of contract. In Novell’s response and at the trial, he testifi ed that the parties had an oral contract under which Meade was entitled to 25 percent of the difference between accounts receivable and payable as of the date of Meade’s termination. Did the parties have an enforceable contract?

How should the court rule, and why?

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Business Law Today

ISBN: 9780324786521

9th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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