Legal Opinion

Smidt v. Dessar

New York Court of Common Pleas

Decided June 3, 1895Published

Appeal from Eleventh district court Action by Allan Lee Smidt against Leo 0. Dessar on a contract for legal services. There was a judgment in favor of defendant, and plaintiff appeals.

1Opinion of the CourtBookstavee, J.

The agreement sued upon is as follows:

“It is agreed between Leo C. Dessar and Allan Lee Smidt that Smidt is to commence April 7th, 1892, the trial of cases before commissioners at a fee of $40.00 per case ($25.00 cash and $15.00 on collection); Dessar guarantying Smidt two (2) cases per week. Either party may terminate this agreement by one week’s notice to the other.
“N. Y., April 6th, 1892. [Signed] Leo C, Dessar.”

The plaintiff’s claim rests upon the contention that under this agreement the defendant guarantied him 2 cases a week; that he worked 10 weeks before the commission, and during…

2Cases cited3 opinions

  1. Gerard v. CowperthwaitNew York Court of Common Pleas · 1893
  2. Campbell v. JimenesNew York Court of Common Pleas · 1894
  3. Mead v. PopeNew York Court of Common Pleas · 1894

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