The trial court failed to instruct the jury properly on the alternate theory of contract liability, because it omitted the necessary element of promissory intent, required, under the circumstances, for the creation of a binding obligation based upon defendant's internal rules. In its pleadings, plaintiff alleged the existence of an exclusive brokerage agreement with defendant's Group Operations Area (GOA) beginning in 1981. In December 1982, it was decided that five of defendant...
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