Postel v. Caruso

FAKE, Chief Judge.

The plaintiff herein moves for summary judgment after answer filed, and the defendant by cross motion seeks to have the complaint dismissed for failure to state a claim upon which a recovery may be had.

The complaint recites the necessary jurisdictional prerequisites and asserts that on February 15, 1947, plaintiff was 'hired by defendant partnership, C-Eight Laboratories, to act as sole sales agent of electrically operated cigarette vending machines within a limited number of states “for a period of one year from February 15, 1947.” That defendant agreed to furnish a minimum…