O'Brien v. American Agricultural Chemical Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by William H. O’Brien against the American Agricultural Chemical Company. Judgment for defendant, and plaintiff brings error. This cause comes here upon appeal from a judgment of the District Court, Southern District of New York, in favor of defendant in error, which was defendant below.
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In Error to the District Court of the United States for the Southern District of New York. Action by William H. O’Brien against the American Agricultural Chemical Company. Judgment for defendant, and plaintiff brings error. This cause comes here upon appeal from a judgment of the District Court, Southern District of New York, in favor of defendant in error, which was defendant below. The action was' brought to recover upon a contract for services of plaintiff as a traveling auditor: The original contract was for a year begnining February 1, 1906, for a fixed salary payable semimonthly and an…
1Opinion of the Court
LACOMBE, Circuit Judge.
Judge Mack disposed of the cause'by dismissal, because he was satisfied from the proof, as" it stood when plaintiff rested, that an accord and satisfaction was established. That is the only question which need be considered. On February 13, 1913, plaintiff was notified that his discharge had been ordered. He continued his work the balance of that day and also the next day. On February 15th, being ill and confined to the house, he phoned to the defendant to send him, as was customary, his salary for the first half of February. In response there was sent to him a receipt,…
2Cited by1 opinion
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