Weinberg v. Blum
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York for the Seventh Judicial District, entered upon the verdict of a jury.
Read the full summary
Appeal from a judgment of the District Court in the City of New York for the Seventh Judicial District, entered upon the verdict of a jury. The action was brought for a weekly payment under a written agreement by which plaintiff was to render services as salesman from May 11th, to December 31st, 1885, for the compensation of 5 per cent, commission on his sales, 3 per cent, on duplicate orders of his sales, and 3 per cent, on sales for any such customers of the house as he might influence to buy; with the privilege of drawing $25 per week, said amount to be deducted from his commission. At the…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]—The complaint averred due performance by plaintiff of the agreement on his part, and the answer contained a general denial. Under the general denial it was proper to receive any evidence disproving the allegations of the complaint that the conditions of the contract had been performed by plaintiff (Chatfield v. Simonson, 92 N. Y. 209).
The justice excluded from the consideration of the jury all the evidence of breach of contract by plaintiff, on the. ground that such breach was not pleaded and that the general denial did not cover it. This was error and…
2Cases cited1 opinion
- Chatfield v. . SimonsonNew York Court of Appeals · 1883
3Cited by6 opinions
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Gannon v. TyreeAppellate Court of Illinois · 1909
- Isaacsen v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1901
- Miller v. Blaisdell Machinery Co.Appellate Terms of the Supreme Court of New York · 1913
- Schwerin v. RosenAppellate Terms of the Supreme Court of New York · 1904
1 more not listed; retrieve them via the Exa API.