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Citation. 434 N.E.2d 931, 1982 Ind. App. 1180
Brief Fact Summary. Mark Dove (Plaintiff) appeals from a judgment of the Decatur Circuit Court in favor of Rose Acre Farms (Defendant) in a trial before the court without a jury. Plaintiff appealed from a judgment denying him recovery.
Synopsis of Rule of Law. Terms of a contract, which are clear and understood by all the parties must be enforced, even if such enforcement results in a total forfeiture by the party who does not strictly comply with all the terms of the contract.
Plaintiff had been employed by the Defendant, a company in the production of eggs, who used incentive programs. A condition of these bonus programs was that during the period of bonuses, employees must not be tardy for even a minute or miss work for any cause even illness. Any missed work could be made up within the same week, for example on Saturdays or Sundays. Plaintiff volunteered for these programs with knowledge of the consequences of not fulfilling the conditions. Plaintiff also said that there was no ambiguity in the agreement and he understood the requirements. Plaintiff worked for nine and a half weeks and three days before his performance would have been complete he became ill and had to leave work. Defendant refused to give the Plaintiff the bonus based solely upon his missing the two days of work. The trial court denied Plaintiff’s recovery and stated that Plaintiff had not shown that all of the conditions of the bonus contract had been met. Issue.
Whether the Plaintiff performed the conditions of the contract?