Songer v. Mack Trucks, Inc.

Order entered on July 9, 1964 denying- defendant’s motion for partial summary judgment, unanimously reversed, on the law, with $30 costs and disbursements to the appellant, and the motion granted, with $10 costs. In this action for damages, allegedly sustained by plaintiff employee as the result of the breach of an employment contract with the defendant, defendant moves to limit plaintiff’s claim for damages to those set forth in paragraph 11 of the employment contract. It contends that those provisions fix the maximum the plaintiff may recover in the event -of his discharge. Plaintiff…