143 N.Y.S. 756 | N.Y. App. Term. | 1913
“All profits are to be divided as follows: Miss Coverdale is to receive one-half of salary received, * * * after commissions have been paid. Mr. White is to receive one-half of salary, and Mr. Lasky is to receive $25 weekly, for services rendered.” 0
It seems to me to be clear, both from the purposes of the agreement as a whole and from the context, as well as from the precise terms just quoted, that the plaintiff was to be paid only out of profits. Apart from the question, therefore, whether an action at law could be main
Order reversed, with $10 costs and disbursements, with leave to plaintiff to serve an amended complaint within six days, upon payment of costs in this court and in the court below. All concur.