For Your Data George Varney V. Issac Ditmars Representative Brief
October 29, 2020
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Varney v. Ditmars representative brief summary
217 N.Y. 223
SYNOPSIS:
Plaintiff erstwhile employee appealed from a judgment from the Appellate Division of the Supreme Court inward the First Judicial Department (New York), which affirmed a judgment inward favor of accused erstwhile employer entered upon a dismissal of the employee's complaint for alleged wrongful discharge.
OVERVIEW:
-An employer offered to render increased compensation to an employee past times granting him a portion of the employer's profits on a fixed appointment inward the future.
-Prior to that date, the employer terminated the employee's employment, too the employee filed an activity for wrongful discharge too sought recovery of a portion inward the profits.
-The dismissal of the employee's complaint was affirmed, too the employee appealed.
-The courtroom affirmed the judgment.
HOLDING:
The courtroom establish that the employer did non signal a specific portion to which the employee would last entitled.
ANALYSIS:
-The courtroom held that the contract, too hence far every bit it related to a portion of the employer's profits, was non alone uncertain merely it was necessarily affected past times too hence many other facts that were inward themselves indefinite too uncertain that the intention of the parties was pure conjecture.
-The courtroom held that the employee was entitled to recover alone the divergence betwixt the amount he was paid too the actual value of his work, if the value was inward a higher house the amount paid, for function truly performed.
OUTCOME: The judgment affirming the dismissal of the employee's wrongful discharge complaint was affirmed.
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217 N.Y. 223
SYNOPSIS:
Plaintiff erstwhile employee appealed from a judgment from the Appellate Division of the Supreme Court inward the First Judicial Department (New York), which affirmed a judgment inward favor of accused erstwhile employer entered upon a dismissal of the employee's complaint for alleged wrongful discharge.
OVERVIEW:
-An employer offered to render increased compensation to an employee past times granting him a portion of the employer's profits on a fixed appointment inward the future.
-Prior to that date, the employer terminated the employee's employment, too the employee filed an activity for wrongful discharge too sought recovery of a portion inward the profits.
-The dismissal of the employee's complaint was affirmed, too the employee appealed.
-The courtroom affirmed the judgment.
HOLDING:
The courtroom establish that the employer did non signal a specific portion to which the employee would last entitled.
ANALYSIS:
-The courtroom held that the contract, too hence far every bit it related to a portion of the employer's profits, was non alone uncertain merely it was necessarily affected past times too hence many other facts that were inward themselves indefinite too uncertain that the intention of the parties was pure conjecture.
-The courtroom held that the employee was entitled to recover alone the divergence betwixt the amount he was paid too the actual value of his work, if the value was inward a higher house the amount paid, for function truly performed.
OUTCOME: The judgment affirming the dismissal of the employee's wrongful discharge complaint was affirmed.
---
Interested inward learning how to croak the peak grades inward your constabulary schoolhouse classes? Want to larn how to report smarter than your competition? Interested inward transferring to a high ranked school?
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