Lesser v. Gilbert Mfg. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Walter A. Lesser against the Gilbert Manufacturing Company. From an order denying a motion for leave to amend the answer the defendant appeals.
1Opinion of the CourtHatch, J.
By this action the defendant seeks to recover damages for the breach of a contract of employment, in the sum of $4,925. The complaint avers the material provisions of the contract, due performance thereof by the plaintiff, and the breach of the same by the defendant, in discharging the plaintiff without any just cause therefor. The answer admitted the contract, and the discharge of the plaintiff, and denied due performance by the plaintiff of his contract. There was no averment of new matter in justification of the discharge contained in the answer. Upon the trial, evidence tending to show…
2Cases cited1 opinion
- Abbott v. MeinkenAppellate Division of the Supreme Court of the State of New York · 1900