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Dove v. Rose Acre Farms, Inc. - 434 N.E.2d 931


A party seeking enforcement of a contract must show that he has done everything the contract requires of him or that the party against whom he seeks relief received that to which the contract entitles him.


The employee attempted to earn a bonus from his employer pursuant to a bonus agreement between the parties. After the employer refused to pay the bonus, asserting that the employee had not met all of the requirements, the employee brought a breach of contract action against the employer. The trial court entered a judgment in favor of the employer, and the employee sought review.


Was the employee entitled to recover any portion of the bonus from his employer?




The court affirmed the judgment in favor of the employer, holding that the employee was not entitled to the bonus because he did not perform all of the obligations that were required by the bonus agreement. The employee demonstrated no fraud or bad faith on the part of the employer, and the employee knew of the rules for the bonus before agreeing to participate in the bonus plan. Finally, the doctrine of impossibility of performance was not available to the employee, because the employee brought the action, and a plaintiff was not entitled to raise impossibility of performance when bringing an action for damages.

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