Funk v. Acme Industries, Inc.

LEDERLE, Chief Judge.

In the language of the defendant’s brief, this is an action “upon an express written contract as modified by the parties.” The modification referred to is based also upon written documents, Exhibits A and B attached to the complaint. The writings referred to do not purport to represent all of the agreement between the parties with reference to the plaintiff’s employment. It is obvious from the pleadings and the exhibits attached that it was the intention of the parties that the employment contract involved was a yearly contract, beginning July 2, 1951. There is no dispute…