ROBERTS v. KERBY SAUNDERS, INC.


37 A.D.2d 830 (1971)

Daniel K. Roberts, Appellant, v. Kerby Saunders, Inc., Defendant-Respondent and Interpleading Plaintiff-Respondent. John S. Stewart et al., Interpleaded Defendants-Respondents

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

October 26, 1971


At the end of plaintiff's case in this action for commissions under an employment contract, the complaint was dismissed, the court deciding as a matter of law that plaintiff had not proven compliance with a condition precedent contained in the contract. Even assuming, but not deciding, the applicability of that condition to this situation, there was at the very least a factual issue as to whether, by conduct, defendant had waived that requirement. In dismissing, the trial...

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