- 27 - January 31, 1997. In addition, Olin agrees to pay Consultant the equivalent of 5% annual simple interest on any deferred payments. On the record before us, we find that petitioners have failed to establish that Mr. Palmer and Olin Ordnance orally modified the Marion plant/Palmer consulting agreement as of September 12, 1994, by agreeing to terms essentially the same as those appearing in the July 1995 amendment. In fact, the record, including Mr. Palmer’s own testimony, his March 22, 1995 memorandum to Mr. Harris and Mr. Picker, and his May 22, 1995 memorandum to Ms. Svarzkopf, establishes that Mr. Palmer and Olin Ordnance did not agree to such an oral modification as of September 12, 1994. Mr. Palmer testified that he was having “continuing discus- sions” in March 1995 with Mr. Picker and Mr. Harris about an agreement to defer income. Mr. Palmer’s testimony shows that there was no modification, oral or written, of the Marion plant/Palmer consulting agreement in effect in March 1995, let alone on September 12, 1994. Moreover, petitioners’ March 22, 1995 memorandum to Mr. Harris and Mr. Picker stated in pertinent part: This memo responds to your request that I identify the conditions under which I would agree to an extension of my present consulting contract thru January 1996. * * * I offer the following thoughts: * * * * * * * 2. In addition, I would have the right to postpone receipt by me of payment for any monthly invoice to a future date of my choosing, but in any case notPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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