Court: |
Oregon Court of Appeals |
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Facts: |
The Ehlers recruited Neiss to come and work in their optometry office.
They promised a 30% share of the business in consideration of her work.
There was a date by which this should have been granted, but it never
actually happened. |
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Posture: |
Suit for breach of contract. Summary judgment for former employer, appealed. |
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Issue: |
Is the doctrine of promissory estoppel applicable when the promise
involved is an agreement to agree, or is too indefinite or
incomplete for enforcement as a contract? |
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Holding: |
Reversed and remanded for trial. |
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Rule: |
Their failure to agree to new terms left the original terms intact.
True, this was only an agreement to agree, but promissory
estoppel could apply. This means there are issues here that
a jury must decide. |
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Reasoning: |
Promissory estoppel isn't just for breach of promise: it's for the
harm done when a promise induces reliance. |
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Dicta: |
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