Kune v. Fitzgerald Bros. Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Henry Kune against the Fitzgerald Bros. Brewing Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtIngraham, J.
It would appear from an examination of the complaint that the sole breach of this contract relied on by the plaintiff was the refusal of the defendant to pay to the plaintiff the amount claimed by him as expenses incurred in the prosecution of his work, basing his cause of action upon a breach of the obligation of the defendant to pay the amount of expenses necessary and proper to be incurred by him in connection with his services under his employment. The contract, as alleged in the second paragraph of the complaint, is “that the said defendant also agreed, as one of the terms and conditions…
2Cited by1 opinion
- Heiferman v. Greenhut Cloak Co.City of New York Municipal Court · 1913