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163230P.pdf   01/05/2018  Mark Boswell  v.  Panera Bread Company
   U.S. Court of Appeals Case No:  16-3230
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Arnold, Author, with Loken and Shepherd, Circuit Judges] Civil case - Contracts. Defendant's bonus plan for its at-will store managers was a unilateral contract; certain undertakings by the managers, such as agreement to maintain confidentiality, did not convert the contract to a bilateral contract; a party may not revoke an offer to make a unilateral contract after the offeree has begun to perform it because the offeree, at that point, has supplied consideration to make the contract enforceable against the offeror to the extent it has been performed; here, the managers had begun performance, and defendant could not unilateraly modify the contract by imposing a cap on the bonuses; argument that defendant reserved the power to modify or terminate the bonus offer before the managers began performing rejected; no error in rejecting defendant's novation, waiver, estoppel and commercial frustration defenses. Judge Loken, concurring.