145 N.Y.S. 88 | N.Y. App. Term. | 1913
The action was brought for damages for an alleged breach of a written contract of employment. Defendant claimed that plaintiff had been discharged because of failure to perform certain of his duties, namely, the ‘ ‘ window-dressing ’ ’ of certain of defendant’s stores. Plaintiff, in “ rebuttal ” testified to three new items of fact, the materiality of which was not questioned at the trial and which tended to impair the defense. He testified that prior to his discharge he had had a conversation with defendant who told him that “We are not making money. We ought to try and reduce expenses.” This testimony was manifestly intended to throw doubt upon the good faith of defendant’s claim that he had discharged defendant solely for failure to attend to his duties. Plaintiff also testified in substance that he was employed not merely as a window dresser, but in order to impart to defendant his knowledge of what was called the “ dollar and a half hat business.” The plain purport of this evidence was the same as the items first above mentioned, namely, to indicate that after defendant had learned what he desired from plaintiff he discharged plaintiff, not for failure to perform his duties, but because he had obtained from him all that he wanted. Plaintiff also testified that among his
Seabury and Guy, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.