126 N.Y.S. 659 | N.Y. App. Term. | 1911
The contract pleaded in this case was not one of employment. By its terms the plaintiffs agreed to manufacture coats at a certain price per coat for the defendants, and the defendants
The case of Levine v. Rosenschein, 134 App. Div. 157, 118 N. Y. Supp. 890, relied on by the appellants, has no application to the case at bar, because there it appeared, from the complaint, and from the testimony of the plaintiffs respecting both the hiring and the discharge, and from the practical construction put upon the contract, as evidenced by the conduct of the trial on the plaintiffs’ part, that the contract involved the rendition of personal service by the plaintiffs to the full extent of their time, although they might be assisted in such service by others. In the present case, however, it clearly appears from the pleadings and the evidence that the plaintiffs were employed as contractors to manufacture coats; the nature of the work called for by the contract being such that a certain result was to be obtained for the defendants, irrespective of any personal service of the plaintiffs.
The questions of fact sought to be raised by the appellants have all been resolved against them by the jury, and as there was evidence to sustain the verdict we cannot disturb it. No further claim of error being made, the judgment and order should be affirmed, with costs.
Judgment affirmed, with costs. All concur.