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Cohen v. Max Michelson, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1947
272 App. Div. 937 (N.Y. App. Div. 1947)

Opinion

June 30, 1947.


In an action to recover damages for breach of a contract of employment, judgment, entered on the verdict of a jury in favor of plaintiff, as amended by order entered August 27, 1946, reversed on the law and the facts, and a new trial granted, with costs to appellant to abide the event. Appeal from order denying defendant's motion to set aside the verdict and for a new trial dismissed, without costs. The plaintiff claims that he entered into an agreement with the defendant, a corporation, to render services as a manager, egg candler, buyer and salesman; that he was to receive $60 per week and, in addition thereto, an amount equal to 1/2% of the gross sales of the defendant, payable "after the year." The agreement was made with defendant's secretary. Plaintiff entered upon the employment, received $60 weekly, and demands the percentage referred to above. The verdict is against the weight of the evidence. Under the peculiar facts in this case, the decision whether the alleged agreement is not ordinary or usual and, therefore, not within the power of the corporation's secretary to make, may present a question of fact. Adel, Nolan and Sneed, JJ., concur; Hagarty, Acting P.J., concurs in the result.


Summaries of

Cohen v. Max Michelson, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jun 30, 1947
272 App. Div. 937 (N.Y. App. Div. 1947)
Case details for

Cohen v. Max Michelson, Inc.

Case Details

Full title:MORRIS COHEN, Respondent, v. MAX MICHELSON, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 30, 1947

Citations

272 App. Div. 937 (N.Y. App. Div. 1947)