Mullite Co. of America v. Thornton

Bell, Chief Judge.

This is a suit on an oral employment contract. The parties differed on whether a lump sum amount payable at the end of the year was to be considered as a bonus or as deferred income earned monthly on a pro rata basis. There was no dispute on the existence of the agreement or of its language. The employer appeals from the denial of its motion for new trial. Held:

*5691. In colloquy with counsel, the trial court apparently recognized that the disputed provision was one of uncertain meaning which could be fairly understood in more ways than one. Thus in effect he found the provision…