Rowe v. Montgomery Ward & Co.

i

The lead and concurring opinions misstate the issue, and proceed on the basis of a mistaken assumption._

*677A

The mistaken assumption concerns a fundamental point of law. It is assumed that statements made to Mary Rowe, corroborated by the person who hired her, advising that "as long as I sold, I would have a job at Montgomery Ward,” did not provide a durational term for the contract of employment that most assuredly was entered into when Rowe went to work for Montgomery Ward.1

Section 32 of the first Restatement of Contracts stated that "a method is provided for determining the length of the…