Gaul v. Kiel & Arthe Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kiel & Arthe Company, from a judgment of the Supreme Court in favor of the, plaintiff, entered in the office of the clerk of the county of Hew York on the 14th day of December, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of December, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover commissions alleged to have been earned under a contract with the • defendant by which, it agreed to pay plaintiff, in addition to a specified salary, six and one-half per cent of the profits “ realized by the defendant in its business ” during the year 1906. Defendant denied that it agreed to pay plaintiff such commissions. At the trial it appeared from the plaintiff’s testimony that prior to January 1, 1906, he was in the employ of the defendant as a salesman at a stated salary; that about that time he proposed to terminate his relations…
2Cases cited5 opinions
- Mather v. Eureka Mower Co.New York Court of Appeals · 1890
- Barril v. Calendar Insulating & Water-Proofing Co.New York Supreme Court · 1888
- Eakins v. American White Bronze Co.Michigan Supreme Court · 1889
- Stout v. Security Trust & Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Alston Mfg. Co v. SquairAppellate Court of Illinois · 1902