Parsil v. " Onyx " Hosiery, Inc.

Headnote

Pleading — contract — services — ultra vires — action to recover unpaid salary and damages for breach of contract of employment — complaint improperly dismissed.

Parsil v. “ Onyx ” Hosiery, Inc., 220 App. Div. 148 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 8, 1927, which reversed an order of Special Term granting a motion, by defendant, for dismissal of the complaint and denied said motion. The action was to recover unpaid salary and damages for breach of a contract providing for payment of a salary

and guaranteeing payment of dividends on stock held by plaintiff during his employment. Defendant contended that the contract was ultra vires.

The following questions were certified:

“1. Does the first cause of action alleged in the complaint state facts sufficient to constitute a cause of action?

“ 2. Does the second cause of action alleged in the complaint state facts sufficient to constitute a cause of action? ”