Kelly Ford, Inc. v. Paracsi

Shulman, Judge.

Plaintiff was employed as general manager of defendant automobile agency under an agreement whereby he was to receive a monthly salary and a bonus based upon profits "before income tax and after any necessary year end adjustments.” A material issue was whether the bonus was to be calculated on the basis of a financial statement referred to as the "twelfth month statement” or one called the "thirteenth month statement.” The former showed a larger profit and would have indicated a substantial bonus for plaintiff. The latter, which carried year end inventory writedowns, resulted…