Torricelli v. Sebastini

The opinion of the court was delivered by

Heiier, J.

The answer interposed by defendant was struck out, on the ground that it “discloses no defense” to the pleaded cause of action, and summary judgment for plaintiff entered. Defendant appeals.

The complaint alleges that on January 2d, 1929, defendant employed plaintiff “from year to year,” as a sales agent, and agreed to pay, as compensation for such service, $35 per week “during said term;” and that on July 1st, 1933, defendant, “contrary to the terms of said employment,” discharged plaintiff. The complaint is in two counts. The first demands…