Moskowitz v. A. B. Kirschbaum Co.

Opinion by

Linn, J.,

The only question is whether appellant’s motion for binding instructions should have been granted. There is no dispute of fact; the parties differ only concerning the effect of the evidence.

Plaintiff was employed in 1903 by a firm composed of four partners. In 1911 he wished to leave but was induced to remain by one of the partners who gave him the written contract of employment appearing in the reporter’s statement of the case; this had been signed in the firm name by another partner. In 1912 the four partners (and perhaps others) formed the defendant corporation which…