Dougherty v. Empire Piece Dyeing & Finishing Co.

Wagner, J. (dissenting).

Plaintiff instituted an action to recover damages for the breach of an alleged oral contract of employment to begin on the 1st of February,' 1920, and terminated January 31, 1921, and a further prayer for the recovery of expenditures made by him during the course of his actual employment under an agreement made by the defendant to repay to him such advances. A general denial, plea of justification for the subsequent discharge, and an additional defense of the Statute of Frauds, permitted during the course of the trial, were interposed to the complaint. At the…