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Contracts Keyed to Ayres
George Varney v. Issac Ditmars
Citation:
217 N.Y. 223.Facts
The Defendant (Ditmars) had employed the Plaintiff (Varney) in his architectural practice for a time. In February 1911, the Defendant took aside the Plaintiff and another designer, and, in exchange for taking care of some projects that had been on his table for three years, promised to increase their pay by $5 a week, and to give each a “fair share” of his profits after he closed his books at the beginning of the following year. The Plaintiff’s pay was increased, and he began working to carry out the projects as instructed. On Election Day that year, the Defendant asked the Plaintiff to continue work. The Plaintiff did not continue work and was sick from that day until the end of November. On November 11, the Defendant sent a letter to Plaintiff discharging him from his employ for not working on Election Day. The Plaintiff, after recovering from his illness, signaled his intent to continue with his work in December, and the Defendant denied that any employment contract existed. The Plaintiff then sued for the promised wages and the “fair share” of profits he was promised.
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Topic Resources
Topic Outline
Formation of Contracts