Opinion · New York Court of Appeals

Cohen v. Bartgis Brothers Company

289 N.Y. 846

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.