Horn v. Atlas Corrugated Case Co.

The sixth cause of action seeks to recover damages sustained by reason of the failure and refusal of defendant employer to fill divers orders procured by plaintiff, a salesman, stating that plaintiff was thereby deprived of and caused to lose the good will of the customers giving such orders. Loss of patronage and good will by a salesman may not be recovered in an action for unlawful discharge. (Sinclair v. Positype Corp. of America, 237 App. Div. 525.) Assuming that the cause of action as pleaded could be said to refer to those commissions which might have been received from re-orders during…