Roberts v. Jones Lang LaSalle Ams., Inc.

Citations

• 2018 Ohio 1039

Syllabus

CONTRACTS: The trial court did not err in granting judgment in favor of defendant former employer on plaintiff real-estate broker's claim for breach of contract for failing to pay him a commission on two leases that neither party negotiated. Where the terms of the parties' severance agreement provided that if defendant did not receive a commission, plaintiff was not entitled to a commission and that defendant had the authority to determine whether to collect or enforce a claim for a commission, defendant did not breach the agreement by failing to pursue a claim for a commission or by not paying a commission to plaintiff. [But see DISSENT: The severance agreement prohibited defendant from waiving plaintiff's commission, and defendant's refusal to collect the commission constitutes a waiver of the commission in breach of the agreement.]