Salyers v. Brennan Builders, Inc.
Opinion of the Court
OPINION
Steven Salyers is a former employee of Brennan Builders, Inc. (BBI), a now-dissolved construction company based in Cincinnati, Ohio. He claims that the company’s owner, Terry Brennan, orally agreed in 2006 to transfer full ownership of BBI to , Salyers at an unspecified future date, under unspecified terms, and at no cost to Salyers, all in exchange for Salyers’s “best efforts” as an employee. Despite four years of repeated overtures by Salyers, however, Brennan never provided either oral or written confirmation regarding the terms of such an agreement. Salyers subsequently filed suit against BBI and Brennan, alleging breach of contract, estoppel, fraud, wrongful discharge in violation of public policy, and individual liability against Brennan as BBI’s “alter ego.” The United States -District Court for the Southern District of Ohio granted summary judgment in favor of both BBI and Brennan on all of Salyers’s claims.
Salyers appeals, arguing that the district court improperly weighed the evidence and resolved disputed facts in favor of Brennan and BBI. His argument largely relies on this court’s holding in Arnold Palmer Golf Company v. Fuqua Industries, Inc., 541 F.2d 584 (6th Cir. 1976), which stated that “the question whether the parties intended a contract is a factual one, not a legal one, and, except in the clearest cases, the question is for the finder of fact to resolve.” Id. at 588.
After carefully considering the record on appeal, the briefs of the parties, and the
Reference
- Full Case Name
- Steven SALYERS v. BRENNAN BUILDERS, INC.
- Status
- Published