Fujimoto V Rio Grande Pickle Co

414 F.2d 648 (5th Cir. 1969)

Facts

Fujimoto (P) and Bravo (P) both held key positions with Rio Grande Pickle Co (D). Both P's were unhappy and threatened to quit D's employee. D orally agreed to provide both P's with profit sharing. D offered each of them a new employment contract providing for profit sharing. The contracts did not specify a method of acceptance or how their acceptance should be communicated to D. Both P's signed the contracts and kept the copies. Both P's continued to work for D for 14 months believing they had accepted the new contract. During the 14-month period both P's discussed the profit sharing plan with a corporate officer of D. D never paid the bonus and both P's sued for breach of contract. D argued that because the contracts had never been returned there had been no acceptance.