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OpenJurist

30 Misc. 837

Mitchell v. Waite

City of New York Municipal Court

Decided December 15, 1899

City of New York Municipal Court · decided 1899-12-15

<p>Appeal from a judgment in favor of plaintiff.</p>

Decided 1899-12-15

Per Curiam.

¶1The complaint alleges, and plaintiff endorses, establishes the fact that his employment was for a specific period. That was the issue submitted to the jury, and although this issue was denied in defendant’s answer and false upon the trial, the jury believed plaintiff’s version of the question in controversy, as they had a right to do.

¶2Under the circumstances it was immaterial whether there was a custom of giving and taking two weeks’ notice. If such a custom existed it did not affect the specific contract made by the parties hereto.

¶3The judgment must be affirmed, with costs.

¶4Present: Fitzsimons, Ch. J.; O’Dwyer and Scotchman, JJ.

¶5Judgment affirmed, with costs.

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