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Stout v. Fisher Industries12/1/1999
salary deferral program in paragraph 6, Stout said, "We never worked out a deferral." Stout recognized the written agreement "says that there will be a severance package included, but it doesn't say what it is or what it's going to be." We conclude the parties clearly intended the September 2, 1995, contract was not the final written agreement contemplated.
[ ] Stout has not shown the parties ever reached an agreement, oral or written, about an incentive bonus program, a salary deferral program, or a severance pay package after they executed the agreement of September 2, 1995. Stout has not shown these provisions in the September 2, 1995, agreement are anything more than an agreement to agree about an incentive bonus program, a salary deferral program, and a severance package in the future. These provisions in the September 2, 1995, agreement require further agreement of the parties and are too indefinite to be enforceable.
III.
[ ] Stout asserts Fisher "engaged in a pattern of fraud and/or deceit in order to prevent the written employment contract, promised to be ready for Stout immediately upon his employment with Defendant, from being delivered and executed." The evidence in the record shows the parties did not reach a final agreement, but Stout has not shown it supports an inference of fraud or deceit.
[ ] Aside from the specific provisions of the September 2, 1995 document not at issue here, we conclude the parties had only an agreement to agree, which is unenforceable because its terms are so indefinite it fails to show a mutual intent to create an enforceable obligation.
[ ] The judgment is affirmed.
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