KELLY-STEHNEY & ASSOCIATES, INC. v. MacDonald's Industrial Products, Inc.

In February 1994, the parties entered into a written manufacturer’s representative agreement (MRA) by which plaintiff would receive three percent commissions on its sales of products manufactured by defendant for three years, thereafter extending in one-year increments, unless otherwise agreed in writing. In early 1997, defendant orally proposed to extend the contract for another three years on the condition that plaintiffs commissions on certain products would decrease on a sliding scale. Pursuant to this oral agreement (the DLO agreement), defendant paid plaintiff decreased commissions over…