Dove v. Rose Acre

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Dove v. Rose Acre
Court Indiana Court of Appeals
Citation 434 N.E.2d 931
Date decided May 11, 1982

Facts

Mr. Dove ("Dove") was a construction worker for Rose Acre Farms, Inc. ("Rose Acre").

Dove signed onto an employee program that required perfect attendance for 10 weeks. In return, Dove would receive a bonus. During the 10th week, Dove missed 2 workdays.

Mr. Rust was the boss of Rose Acre. He was very concerned about the tardiness & absenteeism of his employees. To this end, he instituted bonus programs for his employees.

Procedural History

Dove sued Rose Acre seeking his bonus payment.

Dove lost.

Issues

May 1 party be relieved of its obligations under a valid contract when the other party has partially performed its obligations but hasn't met all the contract's express requirements?

Arguments

Dove argued that he got strep throat in the 10th week.

Holding

Yes. 1 party may be relieved of its obligations under a valid contract when the other party has partially performed its obligations but hasn't met all the express requirements.

The court ruled in favor of Rose Acre because the attendance policy was an express & essential condition for the bonus for which employees could sign up voluntarily.

Judgment

Affirmed.

Reasons

  • The bonus program for farm employees was voluntary.
  • There is no substantive right to a bonus.

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