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Shaw v. Smith9/28/1998
Appellant, Laurie J. Shaw (Shaw), accepted employment with a California corporation, Smith, Gosnell, Nicholson & Associates (SGN), at the request of its president and major shareholder, Crayton Smith (Smith). Several years later, Shaw began a live-in relationship with Smith that lasted for over nine years. When Shaw was removed from Smith's household and later terminated from her job, she filed claims against Smith for breach of express and implied contract and unjust enrichment, and a claim against SGN for wrongful termination. The district court dismissed SGN, ruling the corporation was not subject to personal jurisdiction, and later granted summary judgment in favor of Smith on Shaw's remaining claims.
Since Shaw presented a prima facie case showing that SGN's contacts with Wyoming were sufficient to establish jurisdiction, and finding evidence creating a genuine issue of material fact regarding Shaw's claims against Smith, we reverse and remand for further proceedings.
I. ISSUES
Shaw presents the following issues for review:
1. Whether evidence of a cohabiting couple's agreement to share in the financial growth of their ten-year association and their conduct in maintaining a stable, mutually beneficial, family relationship requires a jury decision on the ultimate issues of the creation of an express contract or an implied contract.
2. Whether evidence of the parties' agreement to share equally in the control, direction and pecuniary outcome of their rental property enterprise requires a jury decision on the ultimate issue of the creation of a partnership or joint venture.
3. Whether one cohabitor is entitled to recover the reasonable value of her services to the other cohabitor, when she provides such services, in part, in exchange for his commitment to share equally in the financial growth of their association.
4. Whether Wyoming recognizes a claim for just and equitable division of property earned during a long, stable, non-marital, family relationship.
5. Whether a California corporation subjects itself to the personal jurisdiction of Wyoming courts by establishing an office in Wyoming, employing workers in Wyoming, and transacting business in Wyoming.
Appellee, Smith, states the issues as follows:
1. To create an express contract, Wyoming law requires, inter alia, (1) consideration and (2) a meeting of the minds. Is there a genuine issue of material fact as to the formation of an express contract between the parties where the terms of the contract are vague and unclear, and the evidence fails to show that the consideration for the contract was bargained for by both parties?
2. For an implied contract to exist proof of the intention of the parties is essential. Is there a genuine issue of material fact with regard to the formation of an implied contract between parties where the conduct of one party does not show an intention to enter into a contractual relationship?
3. Is Appellant entitled to recover the value of household services rendered during the period of the parties' cohabiting relationship where there is no contract between the parties and where the evidence does not reflect that Appellee had reason to know that Appellant expected additional compensation for such services?
4. A partnership or joint venture is formed where the parties (1) have an equal right of control over the venture and (2) agree to share in both the profits and losses of the business endeavor. Is there a genuine issue of fact with regard to the formation of a joint venture where Appellant did not
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