New York Court of Appeals

John J. Moran, Respondent and Appellant v. Standard Oil Company, Appellant and Respondent

April 21, 1914211 N.Y. 187

Summary

The Court reversed the Appellate Division, holding that the plaintiff’s schedule of alleged lost profits was inadmissible, that the defendant’s silence did not constitute an agreement on loss amounts, and that the employment contract imposed a mutual five‑year obligation on both parties, requiring the defendant to employ the plaintiff. Accordingly, the dismissal of the plaintiff’s damages claim was erroneous and a new trial was ordered.