Automatic Sprinkler Corp. of Am. v. Anderson, 257 S.E.2d 283 (Ga. 1979). · Go Syfert
Automatic Sprinkler Corp. of Am. v. Anderson, 257 S.E.2d 283 (Ga. 1979). Cases Citing This Book View Copy Cite
118 citation events (69 in the last 25 years) across 21 distinct courts.
Negative lean: 6th  ·  Positive lean: 11th, 1st
Strongest positive: Novarus Capital Holdings, LLC v. AFG ME West Holdings, LLC (delch, 2021-06-23) · Strongest negative: Flint Davis v. Sears, Roebuck and Company and Bruce Mason (ca6, 1989-05-23)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 37 distinct citers.
discussed Cited "but see" Flint Davis v. Sears, Roebuck and Company and Bruce Mason (2×)
6th Cir. · 1989 · signal: but see · confidence high
But see Automatic Sprinkler, 243 Ga. 867 , 257 S.E.2d 283 ; Busbin, 242 Ga. 612 , 250 S.E.2d 442 .
discussed Cited as authority (verbatim quote) Novarus Capital Holdings, LLC v. AFG ME West Holdings, LLC (2×) also: Cited as authority (rule)
Del. Ch. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
t is possible to so draw a contract as to leave decisions absolutely to the uncontrolled discretion of one of the parties and in such a case the issue of good faith is irrelevant.
discussed Cited as authority (quoted) Kenneth Moye v. Northhaven Homeowners Association, Inc. (2×) also: Cited "see"
Ga. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
there can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.
discussed Cited as authority (quoted) STEVEN HUNTER MORSE v. SUNTRUST BANK, N.A. (2×) also: Cited "see"
Ga. Ct. App. · 2022 · signal: accord · quote attribution · 1 verbatim quote · confidence high
right can be exercised without incurring liability regardless of the motive for so doing.
discussed Cited as authority (quoted) Oconee Federal Savings and Loan Association v. Kenneth A. Brown (2×) also: Cited "see"
Ga. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
here can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.
examined Cited as authority (quoted) OCONEE FEDERAL SAVINGS AND LOAN ASSOCIATION v. BROWN Et Al. (2×)
Ga. Ct. App. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
here can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.
discussed Cited as authority (rule) Kimberly K. Sisia v. State Farm Mutual Automobile Insurance Company
11th Cir. · 2024 · confidence medium
“There can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. of Am. v. Anderson, 257 S.E.2d 283, 284 (Ga. 1979).
discussed Cited as authority (rule) Florida Power & Light Company v. Georgia Power Company
N.D. Ga. · 2024 · confidence medium
Automatic Sprinkler Corp. of Am. v. Anderson, 243 Ga. 867, 868 (1979) (“There can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give [it] the right to do.”); see also Metellis v. Bank of Am., N.A., 2016 WL 7985330 , at *3 (M.D.
cited Cited as authority (rule) Pocino Foods Company v. UPS
9th Cir. · 2019 · confidence medium
Cal., Inc., 826 P.2d 710 , 727–28 (Cal. 1992); accord Amoco Oil Co. v. Ervin, 908 P.2d 493, 498 (Colo. 1996); Automatic Sprinkler Corp. of Am. v. Anderson, 257 S.E.2d 283, 284 (Ga. 1979).
discussed Cited as authority (rule) Walker v. Oglethorpe Power Corp.
Ga. Ct. App. · 2017 · confidence medium
Nevertheless, our Supreme Court, after acknowledging that principle of law, has clarified that “[t]here can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. of Am. v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979).
discussed Cited as authority (rule) Michael Shapiro v. Oglethorpe Power Corporation
Ga. Ct. App. · 2017 · confidence medium
Nevertheless, our Supreme Court, after acknowledging that principle of law, has clarified that “[t]here can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. of Am. v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979).
discussed Cited as authority (rule) Brazeal v. Newpoint Media Group, LLC
Ga. Ct. App. · 2017 · confidence medium
“There can be no breach of an implied covenant of good faith where a party to a contract *694 has done what the provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. of America v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979).
discussed Cited as authority (rule) Johnny Wilson v. Clark Atlanta University, Inc.
Ga. Ct. App. · 2016 · confidence medium
See, e.g., Charles v. Leavitt, 264 Ga. 160 ( 442 SE2d 241 ) (1994) (discretion was absolute where agreement stated that the party would be “the sole judge”); Automatic Sprinkler Corp. of America v. Anderson, 243 Ga. 867, 869 ( 257 SE2d 283 ) (1979) (absolute discretion conferred by contract provision stating: “award of any direct incentive compensation is entirely within the discretion of the corporation”); Knight Indus. v. Turner Mktg., 157 Ga. App. 177, 178-179 ( 276 SE2d 860 ) (1981) (discretion was absolute where the contract stated that the defendant was vested with “complete an…
discussed Cited as authority (rule) Ameris Bank v. Alliance Investment & Management Company, LLC
Ga. Ct. App. · 2013 · confidence medium
Similarly, “[t]here can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. &c. v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979).
discussed Cited as authority (rule) Ameris Bank v. Alliance Investment & Management Co.
Ga. Ct. App. · 2013 · confidence medium
Similarly, “[t]here can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. of America v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979).
discussed Cited as authority (rule) Martin v. Hamilton State Bank
Ga. Ct. App. · 2012 · confidence medium
But “[t]here can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.” 3 Automatic Sprinkler Corp. of America v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979).
discussed Cited as authority (rule) Yamin v. Moe's Southwest Grill, LLC
N.Y. App. Div. · 2011 · confidence medium
There is a recognized exception to this general principle in that “it is possible to so draw a contract as to leave decisions absolutely to the uncontrolled discretion of one of the parties and in such a case the issue of good faith is irrelevant” (Automatic Sprinkler Corp. of Am. v Anderson, 243 Ga 867, 868, 257 SE2d 283, 284 [1979] [internal quotation marks and citations omitted]).
discussed Cited as authority (rule) Shoney's LLC v. MAC EAST, LLC
Ala. · 2009 · confidence medium
In such a situation we find persuasive the holding of the Supreme Court of Georgia that “[tjhere can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. of America v. Anderson, 243 Ga. 867, 868 , 257 S.E.2d 283, 284 (1979).
discussed Cited as authority (rule) ULQ, LLC v. Meder
Ga. Ct. App. · 2008 · confidence medium
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 2 Deep Six, Inc. v. Abernathy, 246 Ga. App. 71, 73 (2) ( 538 SE2d 886 ) (2000). 3 Ga. Power Co. v. Busbin, 242 Ga. 612, 613 (1) ( 250 SE2d 442 ) (1978). 4 Buice v. Gulf Oil Corp., 172 Ga. App. 93, 94-95 (1) ( 322 SE2d 103 ) (1984). 5 Gunn v. Hawaiian Airlines, 162 Ga. App. 474 ( 291 SE2d 779 ) (1982). 6 Hunting Aircraft v. Peachtree City Airport Auth., 281 Ga. App. 450, 451 (1) ( 636 SE2d 139 ) (2006). 7 Planning Technologies, Inc. v. Korman, 290 Ga. App. 715, 718-719 ( 660 SE2d 39 ) (2008). 8 Charles v. Leavitt, 264 Ga. 160 ( 442 SE2d 241 )…
examined Cited as authority (rule) White v. Wachovia Bank, N.A. (3×)
N.D. Ga. · 2008 · confidence medium
Wachovia argues, however, that “[t]here can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. of Am. v. Anderson, 243 Ga. 867, 868 , 257 S.E.2d 283, 284 (1979); Marathon U.S. Realties, Inc. v. Kalb, 244 Ga. 390, 392 , 260 S.E.2d 85, 87 (1979) (citation and internal quotations omitted).
examined Cited as authority (rule) Planning Technologies, Inc. v. Korman (3×) also: Cited "see"
Ga. Ct. App. · 2008 · confidence medium
Compare Charles v. Leavitt, 264 Ga. 160 ( 442 SE2d 241 ) (1994) (discretion was absolute where agreement stated that the party would be “the sole judge”); Knight Indus., 157 Ga. App. at 178-179 (discretion was absolute where the contract stated that the defendant was vested with “complete and absolute discretion”); Automatic Sprinkler Corp. of America, 243 Ga. at 867-869 (discretion was absolute where contract stated that the decision was “entirely within the discretion of the corporation” and that the corporation’s discretion was “absolute”).
discussed Cited as authority (rule) Hunting Aircraft, Inc. v. Peachtree City Airport Authority
Ga. Ct. App. · 2006 · confidence medium
Bank, 247 Ga. App. 631, 633 ( 545 SE2d 51 ) (2001). 8 Time Warner Entertainment Co. v. Six Flags Over Ga., 245 Ga. App. 334, 345 (1) (c) ( 537 SE2d 397 ) (2000), vacated and remanded, 534 U. S. 801 (122 SC 24, 151 LE2d 1) (2001), reinstated, 254 Ga. App. 598, 599 (1) ( 563 SE2d 178 ) (2002). 9 Stern’s Gallery of Gifts v. Corporate Property Investors, 176 Ga. App. 586, 594 (4) ( 337 SE2d 29 ) (1985). 10 Savannah Airport Comm. v. Higgerson-Buchanan, Inc., 238 Ga. App. 548, 549 ( 519 SE2d 475 ) (1999). 11 Automatic Sprinkler Corp. of America v. Anderson, 243 Ga. 867, 868-869 ( 257 SE2d 283 ) (1…
cited Cited as authority (rule) PharMetrics, Inc. v. Source Healthcare Analytics, Inc.
Mass. Super. Ct. · 2006 · confidence medium
In Georgia such a breach can come about “where a decision is left to the discretion of a designated entity.” Automatic Sprinkler Corp. v. Anderson, 257 S.E.2d 283, 284 (Ga. 1979).
discussed Cited as authority (rule) Cox v. Athens Regional Medical Center, Inc.
Ga. Ct. App. · 2006 · confidence medium
Assn. of Ga. v. Blue Cross &c. of Ga., 244 Ga. App. 801 ( 536 SE2d 184 ) (2000). 7 Time Warner Entertainment Co. v. Six Flags Over Ga., 245 Ga. App. 334, 345 (1) (c) ( 537 SE2d 397 ) (2000), vacated and remanded by 534 U. S. 801 (122 SC 24, 151 LE2d 1) (2001), reinstated by 254 Ga. App. 598 ( 563 SE2d 178 ) (2002). 8 Appellants do not allege they did not need the treatment rendered to them. 9 Automatic Sprinkler Corp. v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979). 10 The fact that ARMC’s standard rates for uninsured patients are higher than those for insured patients is consistent wi…
discussed Cited as authority (rule) Malone v. American Business Information, Inc.
Neb. · 2002 · confidence medium
App. 2d 232 , 255 N.E.2d 500 (1970) (concluding that contingent compensation plan at issue reserved determination of compensation to management’s discretion); Automatic Sprinkler Corp. v. Anderson, 243 Ga. 867, 869 , 257 S.E.2d 283, 285 (1979) (concluding that because compensation plan stated that “ ‘award of any direct incentive compensation is entirely within the discretion of the corporation,”’ contract was unambiguous and employee had no absolute right to deferred incentive compensation); Goodpaster v. Pfizer, Inc., 35 Wash. App. 199 , 665 P.2d 414 (1983) (stating that employer�…
discussed Cited as authority (rule) Rhode Island Charities Trust v. Engelhard Corp.
1st Cir. · 2001 · confidence medium
Possibly the covenant of good faith and fair dealing, compare West v. Koufman, 259 Ga. 505 , 384 S.E.2d 664, 666 (1989), with Automatic Sprinkler Corp. of Am. v. Anderson, 243 Ga. 867 , 257 S.E.2d 283, 284 (1979), could be used in this context — not to “limit discretion” but as a gap-filler for a situation not anticipated by the parties.
examined Cited as authority (rule) Rhode Island Charities Trust v. Engelhard Corp. (3×) also: Cited "see"
D.R.I. · 2000 · confidence medium
It primarily relies upon the case of Automatic Sprinkler Corp. of America v. Anderson, 243 Ga. 867, 868 , 257 S.E.2d 283, 284 (1979) to support this argument.
cited Cited as authority (rule) Time Warner Entertainment Co. v. Six Flags Over Georgia, LLC
Ga. Ct. App. · 2000 · confidence medium
Dept., 125 Ga. App. 591, 594 ( 188 SE2d 405 ) (1972); Automatic Sprinkler Corp. &c. v. Anderson, 243 Ga. 867, 868-869 ( 257 SE2d 283 ) (1979).
cited Cited as authority (rule) Hemmerich v. Southeast Properties Group, L.P.
Ga. Ct. App. · 1998 · confidence medium
Automatic Sprinkler Corp. v. Anderson, 243 Ga. 867, 868-869 ( 257 SE2d 283 ) (1979); Southern Business Machines v. Norwest Financial Leasing, 194 Ga. App. 253, 256 (2) ( 390 SE2d 402 ) (1990).
discussed Cited as authority (rule) Wilensky v. Blalock
Ga. · 1992 · confidence medium
Although the courts of this state are not bound by the decisions of other states, we agree with the Court of Appeals that the reasoning in Page is consistent with Georgia law (e.g., OCGA § 23-2-58 and OCGA Chapter 14-8), and we accordingly adopt the reasoning of the Court of Appeals on this issue in this case: “Even though a partner has a right to dissolve the partnership, if ... it is proved that the partner acted in bad faith and violated his fiduciary duties by attempting to appropriate to his own use the . . . prosperity of the partnership without adequate compensation to his co-partner…
cited Cited as authority (rule) Tymshare, Inc. v. William J. Covell. William J. Covell v. Tymshare, Inc
D.C. Cir. · 1984 · confidence medium
Accord Neuman v. Pike, 591 F.2d 191, 195 (2d Cir.1979); Automatic Sprinkler Corp. v. Anderson, 243 Ga. 867, 868 , 257 S.E.2d 283, 284 (1979).
discussed Cited as authority (rule) Knight Industries, Inc. v. TURNER MARKETING, INC.
Ga. Ct. App. · 1981 · confidence medium
“There can be no breach . . . where a party to a contract has done what the *179 provisions of the contract expressly give him the right to do.” Automatic Sprinkler Corp. v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979).
discussed Cited "see" Jay Gould v. Interface, Inc.
11th Cir. · 2025 · signal: see · confidence high
See Automatic Sprinkler Corp. of Am. v. Anderson, 243 Ga. 867, 868 (1979) (holding that, when a USCA11 Case: 23-12882 Document: 50-1 Date Filed: 10/02/2025 Page: 5 of 22 23-12882 Opinion of the Court 5 contract “leave[s] decisions absolutely to the uncontrolled discre- tion of one of the parties[,] . . . the issue of good faith is irrele- vant”).
discussed Cited "see" THE OHIO CASUALTY INSURANCE COMPANY v. BEALL
M.D. Ga. · 2024 · signal: see · confidence high
Hunting Aircraft, 636 S.E.2d at 142 ; see Automatic Sprinkler Corp. of Am. v. Anderson, 257 S.E.2d 283, 284 (Ga. 1979) (holding that where an employment contract provided that an award of direct incentive compensation was “directly within the discretion of the corporation,” the employer was not required to exercise its discretion in good faith).
discussed Cited "see" Nobel Lodging, Inc. v. Holiday Hospitality Franchising, Inc. (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
Co. v. Blahey, 180 Ga. App. 520 ( 349 SE2d 474 ) (1986); accord Deep Six, supra, 246 Ga. App. at 73 (2). 6 OCGA § 24-6-1; see Choice Hotels Intl. v. Ocmulgee Fields, 222 Ga. App. 185, 186-187 (1) ( 474 SE2d 56 ) (1996). 7 Automatic Sprinkler Corp. &c. v. Anderson, 243 Ga. 867, 868 ( 257 SE2d 283 ) (1979). 8 Choice Hotels, supra, 222 Ga. App. at 188 (2). 9 (Citation and punctuation omitted.) Sowell v. Blackman, 236 Ga. App. 705, 708 (1) ( 512 SE2d 713 ) (1999); accord Russell Corp. v. BancBoston Financial Corp., 209 Ga. App. 660, 663 (4) ( 434 SE2d 716 ) (1993). 10 Atlanta Market Center Mgml.
discussed Cited "see" Williams v. South Central Farm Credit, ACA (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See generally Automatic Sprinkler Corp. v. Anderson, Inc., 243 Ga. 867 ( 257 SE2d 283 ) (1979) (no breach of implied covenant of good faith); Systems Engineering Assoc. v. Peachtree Corners, Inc., 179 Ga. App. 48 ( 345 SE2d 136 ) (1986) (no liability based on fraud); J.
discussed Cited "see" Wingard v. Exxon Co., U.S.A. (2×)
D.S.C. · 1992 · signal: accord · confidence high
The dealers, however, do not specify what conduct of Exxon gave rise to the breach of these implied covenants. 8 A party to a contract does not violate the covenants of good faith and fair dealing by simply demanding that the other *504 party to the contract perform as agreed upon: “There is no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly gave him the right to do.” First Federal Sav. & Loan Assoc. of S.C. v. Dangerfield, 307 S.C. 260 , 414 S.E.2d 590, 594 (S.C.Ct.App.1992); Accord Automatic Sprinkler Corp. of…
Automatic Sprinkler Corporation of America
v.
Anderson
34337.
Supreme Court of Georgia.
Jul 2, 1979.
257 S.E.2d 283
Rogers & Hardin, Richard H. Sinkfield, for appellant., Frank E. Stevenson, Jr., Ed Kellogg, for appellee.
Jordan, Hill.
Cited by 50 opinions  |  Published
3 passages pin-cited by 4 cases
Pinpoint authority: bottom 92%
Citer courts: Court of Appeals of Georgia (5)
Jordan, Justice.

A writ of certiorari was granted in Anderson v. Automatic Sprinkler Corp., 147 Ga. App. 236 (248 SE2d 507) (1978), to review the question of whether good faith is a prerequisite in the exercise of an absolute discretion to withhold incentive compensation.

The respondent, Hugh B. Anderson, a sales representative for petitioner, Automatic Sprinkler Corporation of America, voluntarily terminated his employment and sued claiming appellee owed him specific amounts of both deferred and non-deferred incentive compensation under the company’s compensation plan. The trial court granted petitioner’s motion for summary judgment as to Anderson’s claim for deferred incentive compensation. The Court of Appeals reversed that grant holding that petitioner had failed to carry its summary judgment burden of showing conclusively that its decision not to pay Anderson was a good faith exercise of the discretion it possessed under the parties’ employment contract. Anderson’s claim for non-deferred incentive compensation remains pending below.

While a more inclusive description of this contract can be found in the opinion of the Court of Appeals, it provided in pertinent part: "The award of any direct incentive is entirely within the discretion of the corporation and nothing contained herein will be construed to the contrary. . . With respect to those representatives whose employment with the corporation is terminated [for reasons other than their disability or retirement], the payment or nonpayment of all or any direct incentive installments previously set aside but unpaid to them at the time of their termination, will rest completely in the absolute and final discretion of the Compensation Committee of the Board of Directors.”

Anderson claimed he "thoroughly” read this[*868] compensation plan before signing it. After Anderson terminated his employment, the Compensation Committee of the Board of Directors summarily rejected his request for the incentive compensation earned on sales he undisputedly made before his departure from the company. The record before us reveals no basis for the committee’s decision.

The Court of Appeals held that, since Automatic Sprinkler Corporation introduced no evidence indicating a reason for its decision, it thus failed to carry the summary judgment burden of proving conclusively that it was entitled to judgment in its favor. Citing State Hwy. Dept. v. MacDougald Const. Co., 189 Ga. 490 (6 SE2d 570) (1939) and Jones v. Vulcan Materials Co., 112 Ga. App. 402 (145 SE2d 268) (1965), the court held that petitioner’s "failure to exercise an honest judgment” or its "abuse of discretion or failure to use discretion,” if proved, would render immaterial the contractual provisions vesting discretion with petitioner. We find this conclusion erroneous and reverse.

The Court of Appeals correctly applied the 1939 holding of this court in State Hwy. Dept. v. MacDougald Const. Co., supra, in subsequent litigation between these same parties in 1965. In MacDougald Const. Co. v. State Hwy. Dept., 125 Ga. App. 591, 593 (188 SE2d 405) (1965), the court recognized "the time honored rule that where a decision is left to the discretion of a designated entity, the question is not whether it was in fact erroneous, but whether it was in bad faith, arbitrary or capricious so as to amount to an abuse of that discretion.” The decision continues, however, by citing one of the most basic rules of contract construction. "What the intent of the parties was in making the contract must control; it is possible to so draw a contract as to leave decisions absolutely to the uncontrolled discretion of one of the parties and in such a case the issue of good faith is irrelevant. See VTR, Inc. v. Goodyear Tire & Rubber Co., 303 FSupp. 773.” MacDougald at 594. There can be no breach of an implied covenant of good faith where a party to a contract has done what the provisions of the contract expressly give him the right to do.

"The exercise of an absolute right or privilege is[*869] recognized as being closely akin to the question of justification, but it is inherently different therefrom in that such a right can be exercised without incurring liability regardless of the motive for so doing.” Schaeffer v. King, 223 Ga. 468, 470 (155 SE2d 815) (1967) and cits.

Argued February 19, 1979 Decided July 2, 1979.

In the factually similar case of Jones v. Vulcan Materials Co., 112 Ga. App. 402 (145 SE2d 268) (1965), a plaintiff was seeking payment of an incentive award under a compensation plan which, like the plan on review in this appeal, stated that all such payments were discretionary. In affirming the decision of the trial court which dismissed the complaint, the Court of Appeals correctly stated: "Whether or not the management incentive plan providing for incentive awards to employees constitutes a part of the contract of employment between the plaintiff and the defendant, the provisions of the plan are nevertheless binding on and determinative of the rights of the plaintiff who is asserting the alleged rights to the benefits thereunder.” Id., at 402.

The terms of the parties’ contract in this case are unambiguous. The compensation plan expressly provides that the "award of any direct incentive compensation is entirely within the discretion of the corporation.” Anderson admits he "thoroughly” read these provisions before signing his employment contract. The absolute nature of the language contained in this plan contrasts with the more ambiguous language reviewed in Montgomery Ward & Co. v. Reich, 131 Col. 407 (282 P2d 1091) (1955) and cited by the Court of Appeals in their decision.

Anderson having no vested right to payment of any deferred incentive compensation and, correspondingly, petitioner having an absolute right to award or not award any such compensation, the trial court’s decision that petitioner is entitled to judgment in its favor is correct and the judgment of the Court of Appeals is reversed.

Judgment reversed.

All the Justices concur, except Hill, J., who concurs in the judgment only. [*870] Rogers & Hardin, Richard H. Sinkfield, for appellant. Frank E. Stevenson, Jr., Ed Kellogg, for appellee.