Gressing v. Musical Instrument Sales Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Musical Instrument Sales Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of February, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of February, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, P. J.:
Plaintiff brings this action based upon a breach of a contract of employment contained in two letters written by the defendant to the plaintiff, copies of which are annexed to the complaint. There is no allegation and no proof of any other contract except that contained in these two letters. In the first letter, dated July 19, 1912, the defendant stated its proposition to the plaintiff, and after reciting certain contracts that the defendant had with two firms who had department stores in the city of New York, the letter continued: “We will agree to pay you one-half of one per…
2Cases cited3 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Watson v. . GuginoNew York Court of Appeals · 1912
- Cuppy v. Stollwerck Bros.Appellate Division of the Supreme Court of the State of New York · 1913