United States First Circuit

In a breach of contract case, in which a provider of direct deposit payroll services allegedly breached its obligations under a written agreement when, over a period of six years and without objection from plaintiff, it paid an employee $233,159 more than her authorized annual salary of $33,280, summary judgment in favor of defendant is affirmed where: 1) the contract clause at issue was unambiguous; 2) the contract as a whole evidences the intent to agree that it was plaintiff's responsibility to specify the amounts that defendant was authorized to withdraw from the accounts; 3) plaintiff created apparent authority in an employee, such that defendant reasonably relied on her authority to issue the additional paychecks; and 4) defendant did not breach the implied covenant of good faith and fair dealing.

Appellate Information

• Decided 01/31/2011
• Published 02/01/2011

Judges

• TORRUELLA

Court

• United States First Circuit

Counsel