motion for summary judgment because they thought that there was a genuine issue related to what the parties intended by the employment contract the second mistake that happened in this case occurred eight months later when the trial court granted him his motion complainants twenty for twenty four months that has nothing to do with the contract did not state anything they had to do with any performance standards or guidelines it was necessary for david to remain employed there for those twenty four months reason to terminate someone on we think it's our position that in every contract there is on the company into you know good faith and fair dealing so of course if there was criminal activity involved i think that would be a different intentions behind entering into this obviously kind of cylinders argues that there were performance standards on my client says you know the opposite and i think that one of the things that needs to be looked at is the fact that on the day begins was offered a continue with the trials of his employment and certainly you know like i said there is the implied own notion of good faith and fair dealing to the extent that you hope nobody is going to steal from you the track record made a mistake because it in our first motion for summary judgment they they read too much into it they did the judge actually thought you know i think that there is an issue as to what the person meant by this contract what same issues and saying we agree yours the facts i'm right i'm right correct but here there was a substantial amount of time and it really are asking for two different remedies that you fiercely i guess i would agree with that yes they were filed eight months apart i mean obviously they say that he is the only person down by the contract just it doesn't make sense just as a practical matter then as a matter of law you know the contents have to be mutually binding so that argument fails and  must do one two three four and five however in the one way every employer employee relationship the employee implicitly promises that he has the skill and ability to do with particular job and that implicit in every country but where in the rear is it in their contract that we're referring to this definition of plant manager why not another definition because once you go outside the four corners of the contract  product maybe not at the level that the company wanted him to do but he would he was actually selling product in this case we're dealing with a complete failure to manage we're dealing with again inventories are out of control  get out in front of them and he doesn't control and he says that's my fault i mean to say that i'm in charge of inventory and inventory is gone up doesn't necessarily mean that i'm not doing my chap there could be a variety of reasons out there now somebody destroying the property committing criminal acts yes i suppose you could make the logical legal argument we can read a determination because it to any can trick but there is extreme circumstances with you here here is saying the company these are the things that he should die and that's all fine and good but that's something that should have been we should have hearing about we should have the evidence presented as to who knew what what was the intention of the parties you know it's not proper to read these t into it on a motion for summary judgment the only thing that we have to determine is is there material issue of fact and it is for purposes of their motion for summary judgment certainly there is because i mean opposing counsel just isn't the case because there's no performance terms and here i would agree with the other side that he reached first it said you need to keep inventory down you need to keep overtime and you need money you need to do all the things it has said all those things you'd be absolutely correct my crime breached first but those terms contract cancelling is the one of the breach so it's it's pretty simple that you know what i think it gets complicated if you start reading terms into the contract that don't exist but if you take it as it is very simple is there a contract