Johnson v. Merrill Lynch, Pierce, Fenner

BRADLEY, Judge.

Plaintiff appeals from a judgment rendered in favor of defendant.

Everett P. Johnson was employed by Merrill Lynch, Pierce, Fenner and Smith as an account executive for the period August 1969 to March 1978. Although no written contract of employment was entered into by the parties, Merrill Lynch did periodically publish and distribute manuals and brochures which, among other things, described the methods of compensation of account executives. These publications were made known to all account executives of Merrill Lynch, including Johnson.

One of these manuals was issued in 1974…