Kemp v. Tonnele Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, sixth district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtLeventbitt, J.
On October 24, 1904, the parties entered into a written agreement whereby the services of the plaintiff were engaged by the defendant for one year from that date and the compensation fixed at a weekly salary of thirty dollars, together with a commission of ten per cent. The contract was fully performed by the plaintiff, but he received no pay for the last sixteen weeks. He sues to recover the salary earned during that period. The pleadings are verified. The defendant entered a demurrer to the sufficiency of the complaint. The demurrer was overruled and then the defendant interposed an answer,…
2Cited by2 opinions
- Allen v. FlynnAppellate Terms of the Supreme Court of New York · 1906
- Wiesenberg v. RosenbergNew York Supreme Court · 1914