Gerwin’s daughter Mary was seeking a position as an associate attorney with Baker,
Charles & Dixon, a large metropolitan law firm. The firm, after several meetings with
Mary over a two-month period, made Mary an offer of employment on January 15.
Mary accepted the offer that day and immediately left for Cape Cod to celebrate
without telling Gerwin or anyone else about her new job.
On January 17, two days after Mary had accepted the offer, Gerwin sent Baker, Charles
& Dixon a letter in which she offered to give Baker all of her legal business
(approximately $40,000 per year) if the law firm would hire Mary. The law firm
accepted.
After Gerwin learned that Mary already had been hired by Baker, Charles & Dixon,
Gerwin refused to transfer her business to the law firm. The law firm has brought suit
against Gerwin on the grounds that a valid contract exists between them. How will the
case be decided?
If the principal is not disclosed, the agent is necessarily the other contracting party and
is bound by the contract.