SMITH v. KIRKPATRICK


305 N.Y. 66 (1953)

H. Gordon Smith, Appellant, v. William S. Kirkpatrick, Respondent.

Court of Appeals of the State of New York.

Decided February 26, 1953


Attorney(s) appearing for the Case

Samuel D. Smoleff and Martin H. Selman for appellant.

Frank O. Fredericks and Richard Kulze for respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


CONWAY, J.

Plaintiff originally instituted an action against defendant seeking recovery of moneys allegedly due him under a contract of employment. The complaint (hereinafter referred to as the first complaint) alleged that the contract required plaintiff to devote his full time and attention to defendant's business; to solicit export accounts for defendant "with a view to defendant acting as export manager for...

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