Booth v. Gross, Kelly & Co.

OPINION OF THE COURT

BICKLEY, J.

Plaintiff (appellant) brought suit against defendant (appellee) on a certain contract wherein, according to plaintiff’s allegations, he was to receive a certain fixed salary and, in addition thereto, the equivalent of the regular dividends on $5,000 of stock of the defendant company to be declared by said company each year during the employment of plaintiff with the defendant company.

By paragraph 3 of plaintiff’s complaint plaintiff alleged further that he Was to have compensation over and above the stated salary in a sum, to be fixed upon the success and…