110 N.Y.S. 835 | N.Y. App. Term. | 1908
The gravamen of plaintiff’s complaint is that on March 23, 1907, he was wrongfully discharged by the defendant, with whom he had a contract of employment for one year, ending November 17, 1907. Upon the facts as testified to by the plaintiff, he left the defendant’s employ, not because he was discharged or told to leave by defendant, but because the latter refused to pay him the balance of $180 apparently concededly due plaintiff at the time when he ceased working for defendant.
The plaintiff was clearly justified in his refusal to continue to
The complaint, however, also seeks recovery of the sum of $180 due under the contract, and the evidence uncontradictedly establishes that this sum was due the plaintiff on March 23, 1907. Inasmuch as the facts cannot well be changed upon a new trial, the judgment will be modified, by reducing the verdict to the sum of $180 and interest thereon from March 23, 1907, with costs below to plaintiff as taxed, and without costs to either party in this court.
Judgment modified accordingly. All concur.