Gishen v. Dura Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that there were both consideration and assent for the modification in employee’s continuing to work for the company with its knowledge and approval at lower commission rates
• corporate officer’s moral obligation to pay corporation’s debt not sufficient to support valid modification to bind officer personally
• “request for clarification” by plaintiff as to commission computation made it incumbent upon defendant to disclose all material facts
• settlement entered into on basis of fiduciary’s failure to disclose information material to that settlement is voidable
• where employer gave salesperson notice of lower commission rates going forward, and salesperson continued to work for company, there was both consideration and assent for modification of employment contract
• “Moreover, as matter of law, there were both consideration and assent for the February modification in Gishen’s continuing to work for Dura, with its knowledge and approval, at considerably lower commission rates.”

Source: CourtListener parenthetical corpus (CC0).