Terry Barr Sales Agency, Inc. v. All-Lock Company, Inc.
United States Court of Appeals for the Sixth Circuit
96 F.3d 174 (1996)
Barr (plaintiff) sold All-Lock's (defendant) automotive lock products for over two decades under an oral agreement that never expressly addressed post-termination commissions, common in the industry given the ongoing resources needed to procure initial contracts; when All-Lock terminated the agreement in 1994 and refused to pay commissions after 90 days, arguing the parties' course of performance showed no intent to cover post-termination commissions, Barr sued for breach, and the district court granted All-Lock summary judgment.
Whether a court must consider the employment contract and the parties' intention in determining whether an agent is entitled to commissions on sales made by someone other than the agent.