Legal Opinion

Gifford v. . Waters

New York Court of Appeals

Decided October 31, 1876PublishedCited by 6 opinions

Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for breach of a contract of employment.

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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for breach of a contract of employment. On the 29th June, 1872, defendant’s firm, E. M. Waters & Co., entered into a written agreement with plaintiff and two others, employing them as clerks for said firm for one year, and agreeing to pay them, as salaries, for their services, a sum equal to one-quarter of the net profits of the business exclusive of said salaries,…

1Opinion of the CourtMiller, J.

By the contract between the parties, the defendants agreed to pay the plaintiff and two others, as a salary for their services, a sum which should be equal to one-quarter of the net profits of the business, exclusive of the salary to be divided between them in proportions specified in the contract. The contract also provided that the plaintiff should be entitled to receive on account of the said salary not to exceed the sum of thirty-five dollars per week, as a minimum estimate of the value of the services. The plaintiff claims damages for a breach of the contract, by reason of the defendants…

2Cited by6 opinions

  1. Placet, Inc. v. AshtonDistrict Court of Appeal of Florida · 1979
  2. Durante v. RaimonAppellate Division of the Supreme Court of the State of New York · 1910
  3. Preager v. Unity Shoemakers Corp.Appellate Division of the Supreme Court of the State of New York · 1939
  4. Broder v. Trans-Atlantic Novelty Co.Appellate Terms of the Supreme Court of New York · 1917
  5. Ellsler v. BrooksThe Superior Court of New York City · 1886

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