LaBett v. Heyman Bros.

The opinion of the court was delivered by

Peeskie, J.

The question, dispositive of this appeal, is: Did the oral contract between the parties here violate section o of our statute of frauds?

Plaintiff, a furniture salesman, sued defendant, furniture dealers, for wages and commissions based on an oral contract of hiring.

The state of demand is made up of two counts. The first count alleges a definite agreement of hiring of the plaintiff by defendant, for a period of one year, at $35 a week, plus a sum equal to one per cent, on merchandise sold by him; that he commenced work on September 13th,…