Flagg v. Cushman & Denison Manufacturing Co.

Headnote

Equity — master and servant • — ■ action to enjoin use of formulas and to recover salary.

Flagg v. Cushman & Denison Mfg. Co., 206 App. Div. 698 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1923, unanimously affirming a judgment in favor of plaintiff entered upon a decision

of the court on trial at Special Term. The action was in equity to enjoin the defendant from using certain formulas for making writing ink and from using the name “ Pennant ” for ink and to collect salary alleged to be due to plaintiff, computed from the time of his discharge by defendant to a date one year from the date of the contract. The basis of the action was a written contract, dated August 23, 1919, made between the parties. The court held that the contract constituted an agreement for the period of one year from its date. Appellant contended that the contract constituted an agreement for three months, and that after said three months’ period the contract was terminable at will by either party.