Smidt v. Dessar

14 Misc. 638

Opinion

Per (horinm.

The. General Term construed the,' contract without reference to any.evidence, than■ its own contents and this was: proper,.- for the-'writing' .was free ¡from- ambiguity; The plaintiff was to. have for trying- cases before 'cominissionefs, forty dollars per-,,case, / and defendant guaranteed Mm two-cases, per week,. If the plaintiff were pot .able tb‘ dispósé -of two trials per .week he could, not claim-a weekly - payment for two cases, for he was hot guaranteed the fee -independently -of the trial'. It appears •that although lié had. fifty'"cases: he 'was only able to finish seventeen in the/period of ten weeks ■covered by'the action, for which he has'been paid! / Hé Bagno

claim for cases-not tried. ' ' .....

Motion denied, without costs..

. . . Present: Da-lt,. Ch.. ,L', Bischoff. and Feyoe,,JTJ, ,i .., ■.. r Motion denied, without costs.