Legal Opinion

Ker v. Stern

Appellate Terms of the Supreme Court of New York

Decided April 15, 1919PublishedCited by 1 opinion

Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, ninth district, dismissing the complaint at the close of the plaintiff’s case, after a trial by a judge without a jury.

1Opinion of the CourtBijur, J.

This action was brought to recover damages for breach of a contract of employment under which the defendant employed the plaintiff, an actor, at a salary of seventy-five dollars a week.

The terms other than the duration- of the contract were contained in a letter written by defendant to plaintiff dated July 12, T918. Plaintiff properly proved by paroi testimony, admitted without objection, that the contract was to continue for a period of thirty-seven weeks.

Plaintiff, in his complaint, had pleaded that the contract of employment was made “ on or about July 12th, 1918.” The learned trial judge…

2Cited by1 opinion

  1. Bruno ex rel. Bruno v. KellyNebraska Supreme Court · 1977

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