Shemin v. A. Black & Co.

Plaintiff sues for damages for breach of an oral contract. Defendant disputes plaintiff’s version of that contract; claims an oral contract differing in terms and in time of making and asserts thereon a counterclaim for commissions; contends that if, in fact, the contract as alleged by *1047plaintiff was made, (1) plaintiff, as inducement, promised to pay and did pay a sum of money to defendant’s employee, without defendant’s knowledge and consent, in violation of section 439 of the Penal Law; and (2) that it was beyond the scope, actual and apparent, of its employee’s authority, hence not binding…