Safeway Stores, Incorporated v. Herbert Wilcox

PICKETT, Circuit Judge.

Safeway Stores, Inc., brought this action to recover $29,000 which it had paid to Herbert Wilcox, the defendant, as the balance of an amount agreed to be paid *662when the employment of Wilcox by Safeway was terminated. The defendant filed a motion for summary judgment, which was supported by the defendant’s affidavit and correspondence between the parties relating to the severance. There was also attached to the affidavit a copy of a document prepared by Safeway captioned, “Herbert Wilcox-Severance Settlement”. Safeway filed affidavits in opposition to the motion. The…