Sunday, March 31, 2013

George Varney v. Issac Ditmars case brief

Varney v. Ditmars case brief summary
217 N.Y. 223

Plaintiff former employee appealed from a judgment from the Appellate Division of the Supreme Court in the First Judicial Department (New York), which affirmed a judgment in favor of defendant former employer entered upon a dismissal of the employee's complaint for alleged wrongful discharge.

-An employer offered to provide increased compensation to an employee by granting him a share of the employer's profits on a fixed date in the future.
-Prior to that date, the employer terminated the employee's employment, and the employee filed an action for wrongful discharge and sought recovery of a share in the profits.
-The dismissal of the employee's complaint was affirmed, and the employee appealed.
-The court affirmed the judgment.

The court found that the employer did not indicate a specific share to which the employee would be entitled.

-The court held that the contract, so far as it related to a share of the employer's profits, was not only uncertain but it was necessarily affected by so many other facts that were in themselves indefinite and uncertain that the intention of the parties was pure conjecture.
-The court held that the employee was entitled to recover only the difference between the amount he was paid and the actual value of his work, if the value was above the amount paid, for work actually performed.

OUTCOME: The judgment affirming the dismissal of the employee's wrongful discharge complaint was affirmed.

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