Pollack v. Carlye Dress Corp.

HULEN, District Judge.

Plaintiff’s action for an accounting is based on a written contract dated April 7, 1942, by which defendant employed plaintiff for two years and eleven months, ending June 30, 1945, as a stylist in defendant’s ladies ready-to-wear manufacturing business; also for publicity and sales promotion work. Plaintiff’s salary was $1,000 per month plus bonus of 10% of net profits for year ending June 30, 1943, 15% for second year, and 20% for last year of contract. The contract “defined” the term “net profits” as “ * * * determined by the company’s (defendant) auditors without the…