United States Fourth Circuit

Summary judgment in favor of defendant, in breach of contract action against defendant for millions in commissions allegedly earned by plaintiff under software sales incentive plan, is affirmed as the parties had never entered into a binding contract since there had never been a meeting of the minds as to the shape, extent, and firmness of the commission arrangement.

Appellate Information

• Argued 05/25/2006
• Decided 07/24/2006
• Published 07/24/2006

Judges

• Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael Alan Dailey, Anderson Dailey, L.L.P., Atlanta, Georgia, for Appellant.  Janine Cone Metcalf, Jones Day, Atlanta, Georgia, for Appellee.   ON BRIEF:  Mark Ford, Anderson Dailey, L.L.P., Atlanta, Georgia;  Tameka M. Collier, Troutman Sanders, L.L.P., McLean, Virginia, for Appellant.  Jordana R. Sternberg, Jones Day, Atlanta, Georgia;  Gregory A. Castanias, Jones Day, Washington, D.C., for Appellee.