
    Edwin W. Parsil, Respondent, v. “ Onyx ” Hosiery, Inc., Appellant.
    
      Pleading — contract — services — ultra vires — action to recover unpaid salary and damages for breach of contract of employment — complaint improperly dismissed.
    
    
      Parsil v. “ Onyx ” Hosiery, Inc., 220 App. Div. 148, affirmed.
    (Argued October 10, 1927;
    decided October 25, 1927.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 8, 1927, which reversed an order of Special Term granting a motion, by defendant, for dismissal of the complaint and denied said motion. The action was to recover unpaid salary and damages for breach of a contract providing for payment of a salary and guaranteeing payment of dividends on stock held by plaintiff during his employment. Defendant contended that the contract was ultra vires.
    
    The following questions were certified:
    “1. Does the first cause of action alleged in the complaint state facts sufficient to constitute a cause of action?
    “ 2. Does the second cause of action alleged in the complaint state facts sufficient to constitute a cause of action? ”
    
      Abraham I. Spiro for appellant.
    
      Charles Robert Bailey for respondent.
   Order affirmed, with costs; first and second questions answered in the affirmative; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  