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Zuckerman v. Dasco Import Co.

247 N.Y. 588 Court N.Y. Decision date 1928-03-27 English

Contents

Majority

p. 588
Samuel S. Zuckerman, Respondent, v. Dasco Import Co., Inc., Appellant.

Headnote

Contract — services — commissions — contract of employment terminable on thirty days’ notice — action for commissions on orders obtained after notice where goods were not delivered until after termination of employment.
Zuckerman v. Dasco Import Co., Inc., 222 App. Div. 654 , affirmed-
(Argued February 16, 1928;
decided March 27, 1928.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the. first judicial department, entered November 11, 1927, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover commissions for goods sold under a written contract of employment terminable by either party by giving thirty days’ notice. Defendant having given notice of termination plaintiff continued to solicit orders for- thirty days thereafter. The question was whether he was entitled to commissions
p. 589
on orders obtained by him and accepted by defendants where the goods were not shipped until after termination of his employment.
Jerome Eisner for appellant.
Milton S. Guiterman ?.nd Henry A. Spiegelman for respondent.

Judgment affirmed, with costs; no opinion.

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