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43 Misc. 151

Eichenauer v. Rentz Candy Co.

New York Supreme Court

Decided March 15, 1904

New York Supreme Court · decided 1904-03-15

Motion by the plaintiff on the minutes for a new trial. Action to recover damages for an alleged breach of a contract of employment for one year by a discharge of the plaintiff before the end of the year, the contract being in writing as follows, and signed by both parties, viz.: “ Jan. 20, 1902. “Agreement between1 F. Eichenaur and the Rentz Candy Co. The Rentz Candy Co. of the first part will pay E. Eichenauer of the second part Fifteen Dollars ($15.00) per week for his…

Cited by 1 later decisions — most recently August 1934

1 state decisions

Relies on Chapin v. . Dobson · Wilson v. . Deen

Good law ✅— No negative treatment on recordhow we know

Decided 1904-03-15

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Gaynob, J.:

¶1The plaintiff wanted to give in evidence the conversation which was had at the time the contract was made and reduced to writing, in order to show that the term of one' year was agreed upon. The objection of the defendant that this would vary the terms of the written agreement was sustained and the complaint dismissed. The written agreement' is not ■ ambiguous in meaning in respect of the term; on the contrary, an employment at so much a week has a settled legal meaning. Oral evidence cannot be received to change the contract by the week expressed in the writing to one for a year. It is only where the written contract does not express the particular thing at all, or anything inconsistent with it, or expresses it ambiguously, that oral evidence.of it is admissible, and not always then (Wilson v. Deen, 74 N. Y. 531). The language of the opinion in *153Chapin v. Dobson (78 N. Y. 79) is very large, and will continue to need to be limited and distinguished (Eighmie v. Taylor, 98 N. Y. p. 294).

¶2The motion is denied.

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