Webb v. Whitesell

Appellate Terms of the Supreme Court of New York

Webb v. Whitesell

87 N.Y.S. 454

Appellate Terms of the Supreme Court of New York·Decided March 24, 1904·Published

Opinion

PER CURIAM.

The contract and the discharge of the plaintiff béfore its expiration being admitted, the case presents a sharp conflict of testimony as to whether the discharge was without cause or [455]*455for cause, and as to whether the contract was terminated by mutual consent. The case was one for the jury, and. it was fully and fairly submitted to them under a charge which carefully protected the rights of the defendant. Upon the whole case, no sufficient reason appears for disturbing the verdict.

Judgment and order affirmed, with costs.

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PER CURIAM.

The contract and the discharge of the plaintiff béfore its expiration being admitted, the case presents a sharp conflict of testimony as to whether the discharge was without cause or [455]*455for cause, and as to whether the contract was terminated by mutual consent. The case was one for the jury, and. it was fully and fairly submitted to them under a charge which carefully protected the rights of the defendant. Upon the whole case, no sufficient reason appears for disturbing the verdict.

Judgment and order affirmed, with costs.

Webb v. Whitesell, 87 N.Y.S. 454 (N.Y. Ct. App. 1904).

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