National Management Services, Inc. v. Qwest Dex, Inc.

MEMORANDUM *

National Management Services, Inc. appeals the district court’s grant of summary judgment to Qwest Dex, Inc. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm in part and reverse in part.

Because the parties are familiar with the facts, we do not recount them in detail *195 except as necessary. We review the district court order granting summary judgment de novo. Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002).

We reverse dismissal of the claim of improper payment of year 2000 commissions. The district court correctly recognized that performance of year 1999 sales could be consideration for the first promise contained in the January 12, 1999 letter— to pay a certain commission for 1999 sales. It erred, however, when it held that this same performance could not also be consideration for the second promise contained in that letter, i.e., that the “current compensation criteria will remain in effect” for 2000. “A single performance ... may ... furnish consideration for any number of promises.” Restatement (Second) of Contracts § 80 cmt. a (1981). Oregon regularly cites the Restatement with approval. See, e.g., Compton v. Compton, 187 Or. App. 142 , 66…