109 N.Y.S. 242 | N.Y. App. Div. | 1908
The action is brought to recover damages for the wrongful discharge of the plaintiff before the termination of a contract by which he was employed as a salesman by the defendant to sell
The complaint did not show that the contract was not to be performed within one year, but the testimony of the plaintiff did. The testimony of the defendant, however, showed that the employment was for no specified period. Upon the trial the plaintiff showed that he was discharged without cause on the 1st day of April, 1905. He did. not present any evidence upon which dam
Patterson," P. J., McLaughlin, Houghton and Scott, JJ.,. concurred.
Judgment reversed, new trial ordered before another referee, costs to appellant to abide event... Settle order on notice.
See Pers. Prop. Law (Laws of 1897, chap. 417), § 21.- [Rep.