Schnabel v. American Educational Alliance
E. Carl Schnabel v. The American Educational Alliance
Headnotes
Summary
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Opinion of the Court
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Bijur, J.
This judgment seems to have been rendered on the theory that a contract of employment which gave the plaintiff a “ drawing account of fifty dollars per week against commission at a fixed rate, etc.,” was not an agreement to pay fifty dollars per week absolutely, but only conditioned on the securing of orders. In this the learned *625 court was in error. Schlesinger v. Burland, 42 Misc. Rep. 206 .
The exclusion of the so-called cross-examination of the plaintiff in a deposition, because the defendant declined to read the answers and plaintiff’s counsel thereupon offered to read them, also constituted reversible error. Kalkhoff Co. v. Russian Church, 67 Misc. Rep. 107 .
Seabuey and Gebabd, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.
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