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GILSEY v. WM. HENGERER CO.

1 A.D.2d 758 (1955)

Marion E. Gilsey et al., as Executors of Albert A. Gilsey, Deceased, Appellants, v. Wm. Hengerer Co., a Division of Associated Dry Goods Corporation, et al., Respondents

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

December 29, 1955

Order affirmed, without costs of this appeal to any party.

Memorandum:

In addition to the difficulty pointed out at Special Term, the contract which is attached to and made a part of the complaint could be cancelled on "thirty days' notice of termination by either party". Therefore, the right to the bonus could be defeated at will at any time prior to the expiration of the contract period. There was no binding assurance...

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