Legal Opinion

Gardner v. American Educational Alliance

Appellate Terms of the Supreme Court of New York

Decided May 11, 1915Published

Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Edward W. Gardner against the American Educational Alliance. From a' judgment for plaintiff, defendant appeals.

1Opinion of the CourtCohalan, J.

Plaintiff, a salesman of books, sued to recover salary, commissions, and traveling expenses alleged to be due him from *5the defendant. The alleged term of employment was from June 17, 1914, to August 17, 1914.

Plaintiff bases his claim of a definite agreement for a salary of $25 per week upon an interview with Mr. Huntley, the president of the defendant corporation. It appears from his testimony that he showed that officer a pencil memorandum containing his proposed terms of hiring; that thereupon Mr. Huntley stated that later he would prepare an agreement. No written agreement, however, was…

2Cases cited2 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Dallas v. MurryCity of New York Municipal Court · 1902

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