Harry Demean and Dorothy Demean v. Diana

Plaintiffs' Harry and Dorothy DeMean appeal from the judgment of the trial court entered in favor of defendant Diana Sue Ledl following jury verdict in her favor on plaintiffs' claim 1 that defendant had paid herself more money than a written employment agreement entitled her to. After a motion for new trial was overruled, this appeal followed. Plaintiffs owned an office building 2 in Springfield, Missouri, and had hired defendant in December 1982, pursuant to a written contract, to manage the building. Only one written contract existed. No written modification of the agreement occurred. Plaintiffs' suit claimed defendant, in managing the office building, took money in excess of that agreed to in the written contract as her management salary or fee. Defendant contended the original written agreement was modified by oral agreement, or by implied consent, of plaintiffs.