Ball v. Stover
New York Supreme Court
Appeal from judgment on report of referee. Action by Elias M. Ball and John W. Day against George B. Stover and Jennie A. McCowatt, as surviving partner of the firm of W. R. McCowatt & Co., for commissions on goods sold by plaintiffs for defendants. From a judgment in favor of plaintiffs for $2,243.97, defendants appeal.
1Opinion of the CourtParker, J.
The referee found that in September, 1890, a verbal agreement was entered into between plaintiffs and defendants by which the former were employed as the selling agents of the latter for a period of one year from January 1, 1891; that the agreement for such year was fully kept and performed by both parties; and that without a modification of the original agreement, or a suggestion in that direction, by either of the parties, the plaintiffs continued to serve the defendants in the same capacity, and received therefor the same rate of compensation, until February 25, 1892, when plaintiffs were…
2Cases cited2 opinions
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Dean v. WoodwardNew York Supreme Court · 1889
3Cited by3 opinions
- Mason v. New York Produce ExchangeAppellate Division of the Supreme Court of the State of New York · 1908
- Lonsdale v. J. A. Migel, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Readmond v. Matsushita Electric Corp. of AmericaDistrict Court, E.D. Pennsylvania · 1973