Ferguson v. Edwin D. DeWitt & Ontario Press, Inc.

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, upon the ground that whether the hiring was at will or for a definite term of five years was a question of fact for the jury (Braxton v. Mendelson, 233 N. Y. 122, 124; Fellows v. Fairbanks Co., 205 App. Div. 271; Reiss v. Usona Shirt Co., 174 id. 181; Leifer v. Scheinman, 179 id. 665; 1 Williston Cont. § 39), and upon the further ground that since the offer contained in the letter outlined the counter performance demanded and expected, plaintiff by his written acceptance expressly agreed to…