(Download) "Dorman V. Petrol Aspen Inc." by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Dorman V. Petrol Aspen Inc.
- Author : Colorado Supreme Court
- Release Date : January 15, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This case presents the issue of whether a contract of employment between the plaintiff employee, Ben M. Dorman, and the defendant employer, Petrol Aspen, Inc., provided for employment at will or for a definite term. The district court granted Petrol Aspen's motion to dismiss Dorman's complaint, which alleged breach of contract, promissory estoppel, and breach of an alleged duty of good faith and fair dealing, all arising from the termination of Dorman's employment by Petrol Aspen. Petrol Aspen's motion was brought under C.R.C.P. 12(b)(5) for failure to state a claim upon which relief can be granted and was predicated on the contention that Dorman's employment was at will and therefore could be terminated by Petrol Aspen at any time without incurring liability to Dorman. The Colorado Court of Appeals affirmed the dismissal, holding that under applicable legal principles, the contract provided for employment at will. Dorman v. Petrol Aspen, Inc., No. 93CA1714 (Colo. App. Dec. 15, 1994). We hold that the contract is ambiguous as to the term of employment, that Dorman must be permitted to offer extrinsic evidence to resolve the ambiguity, and that the trial court therefore erred in dismissing the complaint. Accordingly, we reverse the judgment of the court of appeals and return the case to that court with directions to reverse the district court's judgment and remand the case to the district court for further proceedings.
 "Dorman V. Petrol Aspen Inc." by Colorado Supreme Court # Book PDF Kindle ePub Free){kind=link}