131 N.Y.S. 517 | N.Y. App. Div. | 1911
The defendant appeals from a determination of the Appellate Term affirming a judgment of the City Court in favor of the plaintiff. .
The plaintiff was employed by defendant, under a written contract, as a designer, cutter, for specials, examiner and supervisor in a cloak and suit manufactory'.
The contract contained the following clause: “ It is expressly understood and agreed that the party of the second part shall design ladies’ and misses’ cloaks and suits, which shall at all times be to the entire satisfaction of the party of the-first part, and the party of the first part shall be the.sole judge thereof.” The contract was made in December, 1908, and by its terms was to continue until November 1, 1909. In June, 1909, the defendant became dissatisfied with the manner in which the plaintiff performed his work and discharged him. Early in June, 1909, defendant had found cause to complain of plaintiff’s work, and apparently contemplated discharging him then, but for one reason or another, continued his employment until later in the month. The case was tried much as it would have .been if the special clause quoted above had not been incorporated into it. That the defendant had become' dissatified with the manner in which the plaintiff performed his duties was made abundantly ’clear, but the court left it to the jury to say whether the facts justified such dissatisfaction. The language of the charge on this subject was: “ Such satisfaction does not' mean to satisfy every whim and caprice of his employer, but it is such satisfaction as would be reasonable to a person of the
The determination of the Appellate Term and the judgment of the City Court must be reversed and a new trial granted, with costs to the appellant in all courts to abide the event.
Ingraham, P. J., Laughlin, Miller and Dowling, JJ., concurred. •
Determination and judgment reversed and new trial ordered, with costs to the appellant in this court and in the courts below to abide the event.