Kramer v. Wien
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of tbe -City Court of tbe city of New York entered upon tbe verdict of a jury and from an order denying a motion for a new trial in an action to recover damages for breach of a contract of employment.
1Opinion of the CourtShearn, J.
This judgment will have to be reversed for misdirection of the jury. The plaintiff agreed to perform his duties “ to the entire personal satisfaction of ” the defendant. The services were those of an ordinary traveling salesman, so that no question of defendant’s taste or fancy is involved. It was merely necessary to apply the ordinary rule that defendant-had a right to discharge the plaintiff if he was in fact honestly dissatisfied wth his work and did not use his dissatisfaction as a mere pretense. Throughout the charge, the trial court stated that the issue was whether the defendant…
2Cases cited1 opinion
- Ginsberg v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by4 opinions
- Coats v. General Motors Corp.California Court of Appeal · 1934
- Ferris v. PolanskyCourt of Appeals of Maryland · 1948
- Sutton v. AverySupreme Court of Connecticut · 1945
- Holliday v. McGrawNew York Supreme Court · 1919