Booth v. New Process Cork Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New Process Cork Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 15th day of February, 1921, denying defendant’s motion for judgment on the pleadings consisting of a complaint and answer.
1Opinion of the Court
Kelly, J.:
The plaintiff brought this action to recover commissions which he claims are due him under a written contract which is attached to and made part of the complaint. By this contract the plaintiff was employed as a salesman for defendant’s products in a specified territory, and defendant agreed to pay him a commission on orders obtained by bim. It is expressly provided in the agreement: “It is further agreed that commissions are not to become due Booth until the goods are paid for by the customers.” The complaint alleges that plaintiff continued in employment until October 29, 1918,…
2Cases cited3 opinions
- Fuller v. Bradley Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Fuller v. . Bradley Contracting CompanyNew York Court of Appeals · 1920
- Stone v. ArgersingerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Wagner v. DerecktorNew York Court of Appeals · 1954
- Du Pont Automobile Distributors, Inc. v. Du Pont Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- B. W. Lougheed & Co. v. SuzukiAppellate Division of the Supreme Court of the State of New York · 1926