Setliff v. Akins

[¶ 54.] Because there is no genuine issue of material fact, I dissent. I believe all of Setliff s claims are deserving of summary judgment, therefore, I will address each claim individually.

a. Breach of Employment Contract

[¶ 55.] Our initial inquiry is whether a valid contract was entered between Akins and Setliff. It is undisputed that no written employment contract existed between the parties. Setliff argues, however, that an express contract exists based upon the oral agreement made by the parties on February 16, 1997. In the alternative, Setliff argues that an implied contract existed…