Salzer v. Sheffield Farms Slawson Decker Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Frederick Salzer against the Sheffield Farms Slawson Decker Company. From a judgment for plaintiff, defendant appealed. ' Affirmed and modified.
1Opinion of the CourtMacLEAN, J.
The plaintiff brought this action to recover the sum of $100 that had been deposited by him under a written contract of employment with the defendant, and the defendant interposed an offer of judgment for $75, counterclaiming the sum of $25 as liquid-dated damages for a breach of the contract of employment by the plaintiff, who, without two weeks’ notice required by the terms of the contract, left his employment. The trial justice rendered judgment in favor of the plaintiff for the full amount of his claim.
This was error, as the apparent intention of the parties must control in determining…
2Cases cited2 opinions
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- Rozen v. Dry-Dock, East Broadway & Battery RailroadNew York Court of Common Pleas · 1894