Spain v. Manhattan Shirt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Manhattan Shirt Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of October, 1916, denying defendant’s motion for judgment on the pleadings consisting of a second amended complaint and answer thereto.
1Opinion of the Court
Shearn, J.:
I agree that this action is not brought for a breach of the contract to continue the plaintiff’s employment. No such claim is made by the respondent. The action is brought to recover for services performed up to the date of discharge, and it is undoubted that one who has performed services under a contract of employment is entitled to recover for services rendered at the agreed rate of compensation if a salary is provided for, or for the actual value of the services if there is no agreed rate of compensation. The employer’s right to discharge is not involved in this case. The only…
2Cited by2 opinions
- Howe v. T. M. U. J. M. Fox, Inc.Appellate Terms of the Supreme Court of New York · 1925
- Spain v. Manhattan Shirt Co.Appellate Division of the Supreme Court of the State of New York · 1918