From Casetext: Smarter Legal Research

O'Brien v. O'Neill

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1947
271 App. Div. 647 (N.Y. App. Div. 1947)

Opinion

January 24, 1947.

Appeal from Supreme Court, New York County, GAVAGAN, J.

Henry Waldman of counsel ( Weiss Weiss, attorneys), for appellant.

John F.X. Finn of counsel ( C.J. Pernicone with him on the brief; Lorenz, Finn Lorenz, attorneys), for respondent.


Plaintiff testified that his commissions for procuring customers for defendant's guard service were to continue to be paid for as long as business relations continued between defendant and such customers. Although the customers were war plants required by the army and the navy to be guarded, there is nothing in the record showing that the guard service which defendant furnished was to last for the duration of the war only. On the oral agreement as testified to by plaintiff, he could claim his commissions if they continued in peacetime production. It has been held that such a contract is within the Statute of Frauds ( Cohen v. Bartgis Bros. Co., 264 App. Div. 260, affd. 289 N.Y. 846). The judgment should be affirmed, with costs.

MARTIN, P.J., COHN, CALLAHAN, PECK and VAN VOORHIS, JJ., concur.

Judgment unanimously affirmed, with costs.


Summaries of

O'Brien v. O'Neill

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1947
271 App. Div. 647 (N.Y. App. Div. 1947)
Case details for

O'Brien v. O'Neill

Case Details

Full title:JOSEPH H. O'BRIEN, Appellant, v. PAUL M. O'NEILL, Doing Business under the…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 24, 1947

Citations

271 App. Div. 647 (N.Y. App. Div. 1947)
67 N.Y.S.2d 227

Citing Cases

Nat Nal Service Stations, Inc. v. Wolf

'           In O'Brien v. O'Neill (271 A.D. 647, supra) we held a contract barred by the statute where the…