64 N.Y.S. 200 | N.Y. App. Div. | 1900
The plaintiff hired certain vacant premises in Brooklyn, in the year 1890, from one Lewis Fischer under an oral agreement, as he alleges, by virtue of which any buildings which he might erect upon the premises should belong to him, with the right of removal upon the termination of his tenure. He claims to have erected on the property a number of" buildings, including a glass factory, furnace, stable, shed and other improvements at a cost of over $5,000, and to have carried on a successful business in the manufacture of glass bottles and demijohns. On the 7th day of August, 1894, he entered into a written agreement with the defendant, by whom the business of the factory was then being or to be conducted, which agreement provided in substance that the plaintiff should act as general manager of the defendant’s business at a stated salary and one-half the net profits. Meanwhile the premises, not including the plaintiff’s rights and interests, had been sold by Fischer to one Morris Stein-hard t, and a written lease of the property was made by Steinhardt to the plaintiff on August 1, 1894, for the term of five years. The conduct of the business by the defendant and the taking of this lease
The parties were in direct conflict upon the trial on almost every question involved in the case. These questions were submitted to the jury by the learned trial justice in an accurate and careful charge, to which the defendant took no exception, and the jury rendered a verdict in favor of the plaintiff for $3,000, which was reduced by the court to $2,500.
• The judgment and order should be affirmed, with costs.
All concurred.
Judgment and order affirmed, with costs.