- 16 -
nance’s accounts payable department for payment. Instead, she
retained each of those invoices until Mr. Palmer directed Olin
Ordnance to pay each of them. At the direction of Mr. Palmer,
Olin Ordnance paid each of his approved monthly invoices 0014 and
0015 on April 3, 1996, and January 9, 1997, respectively, when it
issued checks to him in the respective amounts of $19,427.00 and
$17,961.82. The only reason Olin Ordnance did not pay Mr. Palmer
the amount that it owed to him with respect to each of his
approved monthly invoices 0014 and 0015 within 30 days after Mr.
Harris first received each such invoice during 1995 was that Mr.
Palmer did not want Olin Ordnance to make any such payment to him
during that year.
By its terms, the Marion plant/Palmer consulting agreement
terminated as of June 30, 1995. However, Mr. Palmer continued to
provide consulting services to Olin Ordnance after June 30, 1995.
On July 17, 1995, and July 20, 1995, Olin Ordnance and Mr.
Palmer, respectively, executed a document entitled “AMENDMENT 1”
that modified the terms of the Marion plant/Palmer consulting
agreement. (We shall refer to AMENDMENT 1 as the July 1995
amendment and to the Marion plant/Palmer consulting agreement as
modified by that amendment as the amended Marion plant/Palmer
consulting agreement.) The July 1995 amendment provided:
This is AMENDMENT 1 to the Consulting Agreement between
James R. Palmer and Olin Corporation, Ordnance Divi-
sion, dated September 12, 1994.
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: May 25, 2011