Deschler v. Brown & Williamson Tobacco Co.

• Decision Date: 08 August 1986
• Docket Number: No. 85-1838,85-1838
• Citation: 797 F.2d 695
• Parties: Dennis DESCHLER, Appellant, v. BROWN & WILLIAMSON TOBACCO CO., Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 695

797 F.2d 695

Dennis DESCHLER, Appellant, v. BROWN & WILLIAMSON TOBACCO CO., Appellee.

No. 85-1838.

United States Court of Appeals,

Eighth Circuit.

Submitted April 15, 1986.

Decided Aug. 8, 1986.

Ross Harry Briggs, St. Louis, Mo., for appellant.

Jordan B. Cherrick, St. Louis, Mo., for appellee.

Before JOHN R. GIBSON, Circuit Judge, SWYGERT, ^* Senior Circuit Judge, and FAGG, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Dennis Deschler appeals the district court's ¹ dismissal of his complaint based on wrongful termination of employment against Brown & Williamson Tobacco Company. Deschler claims that the district court erred in holding that parol evidence may not be introduced to show that the written contract for employment at will was superseded or modified by simultaneous and subsequent oral promises made by Brown & Williamson officials of lifetime employment in exchange for loyalty and hard work. He also contends that the district court improperly dismissed his fraud claims. Because the district court, in this diversity case, properly construed Missouri law, correctly determined that the written contract was unambiguous, complete on its face, and terminable at will by either party, and did not clearly err in finding that it was knowingly signed, we affirm.

In July 1966, Deschler executed a written employment agreement with Brown & Williamson. The agreement, part of the job application, stated that "it shall constitute the terms of the contract of employment and that the relationship between [Deschler] and the corporation shall be a hiring at will terminable at any time by either of the parties thereto." Appellee's Addendum at A-1. Deschler alleges that upon signing the agreement and subsequently, he was assured by Brown & Williamson officials that he would have a job for life as long as he was honest, loyal, and industrious. Deschler alleges that in reliance on these oral statements, he accepted the job and performed competently, relocated his family four times, and rejected other job offers. In October 1982, Deschler was fired.

The district court determined that the written employment contract was complete on its face, and unambiguously provided that Deschler's employment was terminable by either party at any time without cause. The court, based on Deschler's deposition testimony, also found that Deschler understood when he entered into the the relationship that it was terminable at will. Analyzing Missouri law, the court concluded that parol evidence may not be introduced at trial to prove that an agreement varies from the unambiguous terms of a facially complete and signed written contract. The court therefore rejected Deschler's argument that his cause merited trial because through parol evidence he could prove that the written contract was ambiguous, was not the actual agreement, or had been modified by subsequent oral promises. The court thus held that Deschler's complaint failed to state an actionable claim for wrongful termination, and dismissed the suit.

Giving great weight to the district court's interpretation of state law, see Northern States Power Co. v. ITT Meyer Industries, 777 F.2d 405, 413 (8th Cir.1985); Shidler v. All American Life & Financial Corp., 775 F.2d 917, 920 (8th Cir.1985), we agree that Missouri law bars Deschler's introduction of parol evidence to show that the terms of his written agreement were contradicted or modified by alleged simultaneous or subsequent oral promises. Property Tax Research Co. v. Falstaff Brewing Corp., 708 F.2d 1333, 1336-37 (8th Cir.1983) (applying Missouri law); J.E. Hathman, Inc. v. Sigma Alpha Epsilon Club, 491 S.W.2d 261, 264 (Mo.1973) (en banc). Deschler's reliance on Arie v. Intertherm, Inc., 648 S.W.2d 142 (Mo.App.1983), is misplaced. As the...