Smith v. Slosson
New York Supreme Court
Action by Thomas Smith against Margaret W. Slosson for breach of contract for services to be rendered by plaintiff for defendant. Plaintiff was nonsuited, and now moves for new trial on exceptions ordered to be heard at general term in the first instance. Granted.
Read the full summary
Action by Thomas Smith against Margaret W. Slosson for breach of contract for services to be rendered by plaintiff for defendant. Plaintiff was nonsuited, and now moves for new trial on exceptions ordered to be heard at general term in the first instance. Granted. The plaintiff, by his complaint, alleges that on or about the 26th day of March, 1894, he made with the defendant an agreement to perform services (there mentioned) for her “for and during the period of one year from, and including, said date,” for the compensation of $22 per month and board; that he entered upon the performance of…
1Opinion of the CourtBradley, J.
The alleged agreement was not in writing, and the evidence on the part of the plaintiff to prove it was to the effect that on or about the 26th day of March, 1894, the agreement was made for one year’s service, to commence on or about April 1st, when he should be requested by the defendant to do so; that, pursuant to her request afterwards made, he entered upon the performance of the contract on the 29th day of March, 1894. There was a conflict in the evidence of the parties relating to the terms of the contract, and as to the manner of the performance of the service by the plaintiff. The…
2Cases cited11 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Crane v. . PowellNew York Court of Appeals · 1893
- Marston v. . SwettNew York Court of Appeals · 1876
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Becker v. . BoonNew York Court of Appeals · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McLear v. BalmatAppellate Division of the Supreme Court of the State of New York · 1921
- Cleveland v. TobyNew York Supreme Court · 1901
- Lupean v. BrainardAppellate Division of the Supreme Court of the State of New York · 1897
- Wilson v. WilsonNew York Supreme Court · 1911