132 N.Y.S. 745 | N.Y. App. Term. | 1912
The plaintiffs allege in their complaint that on or about the 4th day of January plaintiffs and defendants entered into an agreement by the terms of which the defendants hired and employed the plaintiffs as salesmen in certain states and cities, and agreed to pay the plaintiffs a commission on all goods shipped and paid for in said territory, and also a like commission “on all goods shipped and paid for by the accounts procured by the plaintiffs in any other state”; that these plaintiffs then and there accepted such hiring and employment, and entered upon the performance thereof, and continued therein for and during the term above set forth, and in all things fully performed said agreement on their part to be performed. The defendants admit all these allegations, except the performance by the plaintiffs. The parties are therefore agreed that the plaintiffs were hired as salesmen in a certain territory, and the issue is narrowed down to the question of performance. Upon this issue the trial justice has found that the plaintiffs have failed to make out a prima facie case.
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Judgment should be affirmed, with costs. AH concur.