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

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

Cited by
40 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.