The plaintiff, a former employee of the defendant medical equipment manufacturer, sought unpaid commissions for a $2.3 million sale to the Iraqi Ministry of Health.
The defendant argued that commissions for Iraqi sales were discretionary and attempted to unilaterally impose a new, less favorable commission structure just before the deal closed.
The court found that a binding contract existed entitling the plaintiff to a 7% commission on the gross margin of the sale.
Alternatively, the court held the plaintiff would be entitled to the same amount under quantum meruit.
The plaintiff was awarded $86,291.64 in unpaid commissions.
