Treffinger v. Groh's Sons
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gottlieb Treffinger, from an interlocutory judgment of the Supreme Court in favor of the defendant,; entered in the office of the clerk xof the county of New York on the 13th day of November, 1905, upon the decision .of the court, rendered after a trial at the New York Special Term, sustaining the ’defendant’s demurrer to the second amended complaint.
1Opinion of the Court
Houghton, J.:
The plaintiff obtained leave to serve an amended complaint, to ■ 0|bviate the' difficulties pointed out by'this court in reversing a *251judgment which he had obtained on proof at variance with his allegations. (100 App. Div. 433.)
The gravamen of the action is that the plaintiff was hired by the defendant for the entire year 1900, at an annual compensation, and that^ without cause, defendant discharged him before the end of the period, for which breach damages are demanded.
Ño specific contract is alleged to have been made for the year 1900, the plaintiff claiming that there was a…
2Cases cited3 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Brightson v. H. B. Claflin Co.New York Court of Appeals · 1904
- Bennett v. MahlerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Cinefot International Corp. v. Hudson Photographic Industries, Inc.New York Court of Appeals · 1963