Legal Opinion

Byrne v. Barrett

Appellate Division of the Supreme Court of the State of New York

Decided December 14, 1934Published

1Opinion of the CourtUntermyer, J.

The plaintiffs are the members of a firm of real estate brokers. The defendant is a former employee engaged by the plaintiffs in 1926 as a real estate salesman under an agreement by which he was to receive fifty per cent of any commissions earned as the result of negotiations conducted by him. The employment was oral and was terminable at the will of either party. There is no claim by the plaintiffs of any express agreement at that time that, if the defendant should leave their employment, he might not continue to work on pending business for his own account. There is no claim on the part of…

2Cases cited13 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. Schantz v. . OakmanNew York Court of Appeals · 1900
  3. S. W. Scott & Co. v. ScottAppellate Division of the Supreme Court of the State of New York · 1919
  4. H. W. Gossard Co. v. CrosbySupreme Court of Iowa · 1906
  5. Boosing v. DormanAppellate Division of the Supreme Court of the State of New York · 1912

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