Duncan v. Cone Inc.

Wade, J.*

1. Where, during the pendency of a term of employment at a stipulated salary per month, a voluntary agreement, entirely apart from the contract of employment, is made hy the employer, to pay the employee as a bonus some indefinite and undetermined share in the profits of the business, “contingent on continuous and satisfactory services,” and this voluntary agreement is not supported hy any change in place, hours, character of employment, or other consideration, the agreement is not enforceable at law, as it is nudum pactum, and the grant of the bonus so promised is altogether…