Maupin's petition claims that Hallmark was obligated to pay to him, when he reached age 55, a retirement stipend of $330 per month. Under the terms of Hallmark's retirement plan, the earliest age at which an employee could retire and be entitled to retirement benefits was 55.īREACH OF CONTRACT TO FURNISH RETIREMENT PLANS BENEFITS The agreement recited that Maupin's 'job assignment and responsibilities' had ended January 29, 1988. As a part of his agreement, Maupin agreed to resign his employment by Hallmark on February 29, 1988.

The settlement agreement was dated February 18, 1988. He was still employed by Hallmark when he asserted the claims described in the preceding paragraph, and which were resolved by the settlement agreement mentioned above. Maupin was employed by Hallmark continuously from 1955 until 1988, with a two-year interruption for military service.

Maupin appeals from a summary judgment in Hallmark's favor on all counts of his petition. He also claims he was induced to enter into the settlement agreement by Hallmark's false and fraudulent misrepresentations that he would receive the retirement benefits and that he would have access to Hallmark's used and surplus office supplies, furnishings and equipment. Maupin claims Hallmark breached the settlement agreement in denying him certain retirement benefits, and in excluding him from consideration in his post-resignation business of buying and selling used and surplus office supplies, furnishings and equipment. The claims which were settled are described in the settlement agreement as follows: 'omplaints of age discrimination and retaliation regarding his employment.' Maupin sued his former employer, Hallmark Cards, Incorporated, for damages for Hallmark's alleged breach of a settlement agreement, by which Hallmark and Maupin settled certain pending claims asserted by Maupin against Hallmark, growing out of Maupin's employment by Hallmark. Motion for Rehearing and/or Transfer to Supreme Court Denied March 28, 1995. *691 Before KENNEDY, P.J., and BRECKENRIDGE and SPINDEN, JJ. *690 Kelly Lee McClelland, Liberty, for appellant. Motion for Rehearing and/or Transfer Denied March 28, 1995. Missouri Court of Appeals, Western District.

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