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221567P.pdf 03/23/2023 Lowell Lundstrom, Jr. v. Watts Guerra LLP
U.S. Court of Appeals Case No: 22-1567
and No: 22-1579
U.S. District Court for the District of South Dakota - Northern
[PUBLISHED] [Loken, Author, with Erickson and Kobes, Circuit Judges]
Civil case - Contracts. A reasonable jury could find that defendant was
bound on an ostensible agency theory by its litigation partner's promise
to pay plaintiff $10,000 a month for the term of months for his work in
signing up clients; similarly, the jury could also find that defendant was
bound by the litigation partner's promise, as apparent agent, to pay
plaintiff $50,000 for a new truck to accomplish his work on defendant's
behalf; the jury did not err in finding a third promise to pay plaintiff a
$3.4 million non-discretionary bonus was not included in the oral contract
between plaintiff and the litigation partner; claim that the award was
inadequate rejected as there was an obvious basis for the compensatory
damage award.