MLPGA, Inc. v. Weems, No. WD

CourtCourt of Appeal of Missouri (US)
Writing for the CourtKENNEDY
Citation838 S.W.2d 7
Docket NumberNo. WD
Decision Date07 July 1992
PartiesMLPGA, INC., Appellant, v. Don WEEMS, Respondent. 44868.

Page 7

838 S.W.2d 7
MLPGA, INC., Appellant,
v.
Don WEEMS, Respondent.
No. WD 44868.
Missouri Court of Appeals,
Western District.
July 7, 1992.
Motion for Rehearing and/or Transfer to
Supreme Court Denied
Sept. 1, 1992.
Application to Transfer Denied Oct. 27, 1992.

Page 8

William H. Thomas, Jr., Rolla, for appellant.

David Van George Brydon, Jefferson City, for respondent.

Before TURNAGE, P.J., and KENNEDY and BERREY, JJ.

KENNEDY, Judge.

The issue in this case is whether respondent Don Weems is entitled under the terms of his contract of employment with his employer, MLPGA, Inc., to retain $74,449.51 in compensation paid to him during the period beginning January 1, 1986, and ending with his resignation as of January 15, 1990. MLPGA, Inc., claims he was overpaid by that amount. Mr. Weems claims he was entitled to the amount. The trial court agreed with Mr. Weems and disallowed MLPGA's claim for a setoff of such amount against $73,634.69 owed by MLPGA to Mr. Weems. MLPGA has appealed to this court. We reverse the judgment.

The facts are as follows:

The Missouri LP Gas Association was a voluntary association of Missouri LP gas dealers. Mr. Weems was executive secretary of the association. The association formed a business corporation by the name of MLPGA, Inc., of which the association was the sole stockholder. The stock of the corporation was held in a blind trust. The business of the corporation was that of an insurance agency, selling insurance to LP gas dealers. Mr. Weems, besides being executive secretary of the trade association, was a director and the chief executive officer of the corporation. Mr. Weems received a salary from the association and as compensation for his services to MLPGA received 25 percent of the insurance commissions.

At the end of 1985, Mr. Weems resigned as executive secretary of the association to devote his full time and efforts to MLPGA and its insurance business. His compensation was increased from 25 percent of commissions to 50 percent of commissions, effective January 1, 1986.

The dispute between MLPGA and Mr. Weems is whether a certain three percent override commission received by MLPGA from Ranger Insurance Company in addition to the regular 15 percent commission was included in the base upon which Mr. Weems's compensation was computed.

The three percent override commission was negotiated between MLPGA and Ranger Insurance Company in 1982, at a time when MLPGA was discontinuing its own insurance company and going exclusively...

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1 practice notes
  • Ferguson v. State Of Mo., No. WD 71264.
    • United States
    • Court of Appeal of Missouri (US)
    • August 31, 2010
    ...was false; (2) the state knew it was false; and (3) the conviction was obtained as a result of the perjured testimony.” Cummings, 838 S.W.2d at 7. “ ‘In order to show perjury entitling him to post-conviction relief, the appellant must [also] prove that the witnesses' trial testimony was fal......
1 cases
  • Ferguson v. State Of Mo., No. WD 71264.
    • United States
    • Court of Appeal of Missouri (US)
    • August 31, 2010
    ...was false; (2) the state knew it was false; and (3) the conviction was obtained as a result of the perjured testimony.” Cummings, 838 S.W.2d at 7. “ ‘In order to show perjury entitling him to post-conviction relief, the appellant must [also] prove that the witnesses' trial testimony was fal......

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