Opinion · New York Court of Appeals

Cohen v. Bartgis Brothers Company

Cohen v. Bartgis Bros. Co., 289 N.Y. 846 (New York Court of Appeals 1943)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1943-01-21
Topic
general

How later courts describe this case

  • oral agreement for commissions on sales to customers produced either through himself or defendant on reorders
  • open ended obligations to pay that endured after termination of agreement fell within the statute of frauds
  • “oral contract whereby the defendant agreed to pay commissions ‘upon all orders placed by [client], at any time, whether or not plaintiff was in defendant’s employ at the time of the placing of such orders’ ” was invalid under the Statute of Frauds (quoting agreement)
  • obligation to pay commissions outlasting plaintiffs employment with defendant

Citator

UpLaw has not yet analyzed Cohen v. Bartgis Brothers Company. The absence of a flag is not a finding that it is good law.

Cited by
75 opinions

Order affirmed, with costs, and question certified answered in the affirmative. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippet, Lewis, Conway and Desmond, JJ.