Legal Opinion

Deane v. Cutler

The Superior Court of the City of New York and Buffalo

Decided October 26, 1892PublishedCited by 1 opinion

Appeal from trial term. Action by Samuel B. Deane against Frederick H. Cutler, as surviving partner, to recover for breach of contract in wrongfully discharging plaintiff before the termination of his term of service. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.

1Opinion of the CourtHatch, J.

The action is to recover for a breach of contract in wrongfully discharging plaintiff before the termination of his term of service contracted for. The jury found, upon conflicting testimony, that plaintiff was hired for a specified term, and his discharge before the expiration of that term was admitted. Defendant alleged in justification of the discharge that plaintiff had failed and neglected to perform the services contracted for in a proper manner. Defendant specified three particulars in justification: First, that plaintiff had sold a mahogany chair, in place of a cherry chair, for the…

2Cases cited2 opinions

  1. Matthews v. Park Bros., Pennsylvania Court of Common Pleas, Alleghany County1892
  2. Hand v. Clearfield Coal Co.Supreme Court of Pennsylvania · 1891

3Cited by1 opinion

  1. Miller v. JonesSupreme Court of Iowa · 1916

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