Pack v. Linde Air Products Co. — 246 N.Y. 645

Majority

p. 645

William M. Pack, Respondent, v. Linde Air Products Company, Appellant.

Headnote

Contract — services — action to recover for alleged wrongful discharge.

Pack v. Linde Air Products Co., 220 App. Div. 781 , affirmed.

(Argued November 30, 1927;

decided December 16, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 27,1927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was instituted to recover damages for breach of an oral contract of employment, the complaint alleging the making of such contract on or about March 14, 1922, for the term of one year at a yearly salary payable in monthly installments, the performance of the terms thereof, two successive renewals of the hiring by implication, each for the further period of one year, and defendant’s wrongful discharge of plaintiff on August 1, 1924.

Julian C. Harrison, De Witt V. D. Reiley, William E. Reinhardt and Ashley T. Cole for appellant.

Henry M. Flateau for respondent.

p. 646

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.