Martens v. Minnesota Mining & Manufacturing Co.

I concur in part and dissent in part. I agree with the majority’s conclusion that respondents have failed to state a claim for fraud. But I disagree with the majority’s conclusion that respondents failed to state a claim for breach of contract and promissory estoppel. The matter before us has been treated throughout under a Rule 12 motion and, in the context of such a motion, the majority has prematurely dismissed this action.

There is no dispute that a bilateral employment contract exists between respondents and 3M. But we have acknowledged that “an original employment contract may be…