Appellate Division of the Supreme Court of the State of New York January 15, 1908 (Cullen v. Battle Island Paper Co.)

lead-opinion

Kellogg, J.:

The complaint alleged a hiring for three years, performance by plaintiff, and that the defendant had refused to perform said contract, and was indebted $1,000 thereon. At the close of the evidence defendant moved to dismiss the complaint upon the ground that the action was for wages, and not damages, and the proof shows there is nothing due for wages.