179 A.D. 665 | N.Y. App. Div. | 1917
The action was to recover damages for an alleged wrongful discharge. This was the second trial of the case. The contract of employment was as follows:
“ New York, August 15, 1913.
“ I, M. S. Scheinman, do hereby agree to employ J. Leifer and J. Leifer agrees to work for the said M. S. Scheinman as designer and fitter at a yearly salary of $1,820, payable $35.00 on Friday of each and every week and said J. Leifer must prove satisfactory in every respect to the said M. S. Scheinman.
“ M. S. SCHEINMAN
“ J. LEIFER.”
The judgment upon the first trial was secured upon the theory that the yearly rate of salary specified in the contract
The determination of the Appellate Term should be reversed, and the judgment of the City Court reinstated, with costs to the appellant in this court and in the Appellate Term.
Clarke, P. J., Scott, Dowling and Smith, JJ., concurred.
Determination reversed, with costs, and judgment of City Court affirmed, with costs.