Appellate Division of the Supreme Court of New York, 1947

Rice v. Elmhurst Contracting Co.

Rice v. Elmhurst Contracting Co.
Appellate Division of the Supreme Court of New York · Decided June 16, 1947
272 A.D.2d 925
Rice v. Elmhurst Contracting Co.

Opinion of the Court

Action on an executory contract providing for the employment of plaintiff “for a period of not more than two years on a weeldy basis” to recover salary claimed for the unexpired period after plaintiff’s discharge, less the amount received in other employment during the period. Plaintiff appeals from the judgment, entered after trial by the court without a jury, insofar as it dismisses the complaint for damages for breach of the contract, and from the entire judgment upon the ground that the amount awarded to the plaintiff is insufficient. Judgment unanimously affirmed, with costs. No opinion. Present — Hagarty, Acting P. J., Johnston, Adel and Sneed, JJ.; Carswell, J., not voting.

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