
    Allan Lee Smidt, Appellant, v. Leo C. Dessar, Respondent.
    Motion for reargiiment of appeal,k or for leave to appeal to' the Court of Appeals. , '■ . ' ■ ' - . •
    
      Wm. C.M'edcly, for motion. • ' . ‘ '
    
      Burr & pe Lacy, opposed. . ..
   Per (horinm.

The. General Term construed the,' contract without reference to any.evidence, than■ its own contents and this was: proper,.- for the-'writing' .was free ¡from- ambiguity; The plaintiff was to. have for trying- cases before 'cominissionefs, forty dollars per-,,case, / and defendant guaranteed Mm two-cases, per week,. If the plaintiff were pot .able tb‘ dispósé -of two trials per .week he could, not claim-a weekly - payment for two cases, for he was hot guaranteed the fee -independently -of the trial'. It appears •that although lié had. fifty'"cases: he 'was only able to finish seventeen in the/period of ten weeks ■covered by'the action, for which he has'been paid! / Hé Bagno

claim for cases-not tried. ' ' .....

Motion denied, without costs..

. . . Present: Da-lt,. Ch.. ,L', Bischoff. and Feyoe,,JTJ, ,i .., ■.. r Motion denied, without costs.  