Summers v. Colver
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick L. Colver, from a judgment ■of the Supreme Court in favor of the plaintiff, entered in the office ■of the clerk of the county of Hew York on the-21st day of March, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 4th day of April, 1898, denying the defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Woodward, J. :
The plaintiff brings this action to recover damages for a breach of contract, the terms of which are set forth in a letter, of which the following is a copy of the material portions:
“ Mr., James P. Summers :
“Dear Sir.—In accordance with our verbal understanding we take pleasure in engaging your services as foreman of our press *555rooms from Monday, Sept. 30th. The salary to be paid you is $40.00 per week for the first four weeks. At the end of that time if your management of our press work is artistically and financially satisfactory, your salary will be $50 per week thereafter.…
2Cases cited2 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Smith v. . RobsonNew York Court of Appeals · 1896
3Cited by8 opinions
- Coats v. General Motors Corp.California Court of Appeal · 1934
- American Music Stores v. KusselCourt of Appeals for the Sixth Circuit · 1916
- Diamond v. MendelsohnAppellate Division of the Supreme Court of the State of New York · 1913
- Foote v. FfoulkeAppellate Division of the Supreme Court of the State of New York · 1900
- Noa Spears Co. v. InbauCourt of Appeals of Texas · 1916
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