Howe v. T. M. U. J. M. Fox, Inc.

This judgment must be reversed for the following reasons:

First. The action was for wages. The recovery was for damages for wrongful discharge. The statement of the court “ Breach of *506contract would be about the same thing ” was prejudicial before the jury. The subsequent amendment came too late and entirely changed the cause of action. (Reed v. Newman, 31 Misc. 792; Elliott v. Miller, 17 N. Y. Supp. 526; McNeil v. Cobb, 186 App. Div. 177; Ginsburg v. Von Seggern, 59 id. 595.)

Second. The contract was to perform services satisfactory to the defendant. The defendant’s business was the production…