Ferraro v. Fink

The opinion of the court was delivered by

Wertz, J.:

This appeal arises out of an action for wages due under a contract of employment

Plaintiff (appellee) Douglas T. Ferraro commenced this action against A. A. Fink, doing business as Lattimore-Fink Laboratories, defendant (appellant), to recover wages due and owing for services as a pathologist in defendant’s laboratory.

Defendant answered, denying lie was indebted to plaintiff for the reason that plaintiff had, in violation of the contract of employment, performed services other than for the account and benefit of defendant, thus forfeiting any…