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Allan Lee Smidt, Appellant, v. Leo C. Dessar, Respondent

New York Court of Common Pleas1895
14 Misc. 638

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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 bythe action, for which he hasbeen 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.