JOHNSON v. CHENEY BROS.


277 A.D. 656 (1951)

Samuel Johnson, Respondent, v. Cheney Brothers, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 30, 1951.


Attorney(s) appearing for the Case

Edward T. Welch for appellant.

Stanley I. Schonbrun of counsel (Ruben Schwartz with him on the brief; Frederick E. M. Ballon, attorney), for respondent.

PECK, P. J., GLENNON, DORE and COHN, JJ., concur.


VAN VOORHIS, J.

Defendant appeals from an order denying its motion for summary judgment dismissing the complaint, which alleges a breach on June 29, 1949, of a contract of employment of plaintiff as salesman for the duration of that calendar year. Plaintiff's answering affidavit states that this agreement was made orally on January 3, 1949. He avers that various policies and rules of defendant were discussed,...

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