Jones & Scully, Inc. v. O'Connell

The defendants below, Jones & Scully, Inc. [JSI] and others, appeal from a final judgment entered in favor of the plaintiff below, Lawrence J. O’Connell [O’Connell], and from an order denying their post-trial motions. We affirm in part, and reverse in part.

On August 29, 1983, JSI hired O’Connell as its Director of Sales. O’Connell’s employment contract consisted of three letters between O'Connell and Robert M. Scully, Jr. [Scully] on behalf of JSI. The second letter, written'by O’Connell, suggested a “bonus” plan of “15% of incremental operating income achieved over and above results for…