Contracts · MBE-tested
Abe Weistrop, Respondent, v. Necchi Sewing Machine Sales Corp. et al., Appellants
6 A.D.2d 880·New York Supreme Court, Appellate Division·1958·NY
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Opinion
Abe Weistrop, Respondent, v. Necchi Sewing Machine Sales Corp. et al., Appellants.
[MAJORITY]
In an action to recover damages for breach of an employment contract, the appeal is from a judgment, entered on a jury verdict, in favor of respondent. Judgment affirmed, with costs. No opinion,. Nolan, P. J., Murphy, Ughetta and Kleinfeld, JJ., concur; Wenzel, J., dissents and votes to reverse the judgment and to dismiss the complaint, on the ground that respondent failed to establish performance on his part in accordance with the terms of the contract.