Snodgrass

MEMORANDUM *

Plaintiffs-appellants (“plaintiffs”) Todd and Kathy Snodgrass brought suit against defendant-appellee (“defendant”) Lanphere Enterprises, Inc. for breach of contract. The plaintiffs claim that Snodgrass was never given the job he was promised: general sales manager (GSM) of Lanphere’s Infiniti dealership. The district court granted summary judgment for Lanphere, holding that Snodgrass’ employ *149 ment contract was modified when he continued to work at a lower position and salary, and that such modification extinguished the plaintiffs’ right to sue for breach of the original contract. The plaintiffs now appeal. Because the facts are known to the parties, we will not recount them except as necessary.

I.

The parties do not dispute that a modification took place at some point during the course of Snodgrass’ employment with Lanphere. 1 However, the parties do dispute when the modification took place and whether the modification extinguished Snodgrass’ right to sue for any breach that occurred prior to modification. We address the dispute over the date of modification in part II below.

The district court erred in holding that the modification of an at will employment…