ROTH v. EMBOTELLADORA NACIONAL


1 A.D.2d 403 (1956)

Milton A. Roth, Respondent, v. Embotelladora Nacional, Inc., Appellant, et al., Defendants

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

April 30, 1956.


Attorney(s) appearing for the Case

Thorold J. Deyrup of counsel (Robert H. Seabolt with him on the brief; Berle, Berle, Agee & Land, attorneys), for appellant.

Alfred S. Julien for respondent.

BREITEL, J. P., RABIN and COX, JJ., concur; BASTOW, J., dissents and votes to affirm.


FRANK, J.

The prime question of those posed on this appeal is whether net profits should be computed before or after the deduction of income taxes and whether the term "expenses" includes such taxes.

Plaintiff has recovered judgment against defendant for damages for a breach of contract of employment. Implicit in the jury's verdict was the finding that the letter agreement dated October 18, 1943, was a...

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