Steeneck v. Ace Builders Supply Co.

Appellate Division of the Supreme Court of New York

Steeneck v. Ace Builders Supply Co.

258 A.D. 745, 15 N.Y.S.2d 72, 1939 N.Y. App. Div. LEXIS 6735

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 1939·Published

Opinion

In an action brought by an assignee to recover commissions alleged to be due under a contract of employment, in which the employer impleaded the assignor and counterclaimed for a reformation of the contract and for damages on account of a breach of the contract, judgment in favor of defendant Ace Builders Supply Company, Inc., reversed on the law and the facts and a new trial granted, with costs to abide the event. The verdict of $1,000 in favor of the plaintiff for commissions remaining due could not be supported under any view of the evidence, and was obviously a compromise. Lazansky; P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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In an action brought by an assignee to recover commissions alleged to be due under a contract of employment, in which the employer impleaded the assignor and counterclaimed for a reformation of the contract and for damages on account of a breach of the contract, judgment in favor of defendant Ace Builders Supply Company, Inc., reversed on the law and the facts and a new trial granted, with costs to abide the event. The verdict of $1,000 in favor of the plaintiff for commissions remaining due could not be supported under any view of the evidence, and was obviously a compromise. Lazansky; P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

Steeneck v. Ace Builders Supply Co., 258 A.D. 745, 15 N.Y.S.2d 72, 1939 N.Y. App. Div. LEXIS 6735 (N.Y. Ct. App. 1939).

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