Sabin v. Mix
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York .county. Action by William E. Sabin against Garry I. Mix and another for breach of contract. The complaint was dismissed at the close of plaintiff’s case, and from an order denying a new trial, and directing exceptions to be heard in the first instance at the appellate division, plaintiff- appeals.
1Opinion of the CourtGoodrich, P. J.
On January 27, 1890, the plaintiff, who for some time previously-had been a traveling salesman, became a party to the following contract with the defendant:
“Yalesville, Conn., Jany. 27th, 1890.
“It is hereby agreed between G. I. Mix & Co. and W. E. Sabin that the said W. E. Sabin is to travel and sell goods for the said G. I. Mix & Co. for the year 1890, for which services the said G. I. Mix & Co. are to pay him at the. rate of $1,500.00 per year for the time engaged in their service, providing that the expense of selling by him does not exceed 8% of his net sales; the said G. I. Mix & Co. to…
2Cited by1 opinion
- Sabin v. KendrickAppellate Division of the Supreme Court of the State of New York · 1899