Gaulkin, Sullivan and Foley. The opinion of the court was delivered by Gaulkin, J.A.D.
[59 NJSuper Page 497] Plaintiff appeals from the granting of a summary judgment in favor of defendant partners trading as Newark Jewelry Manufacturing Co. (hereafter called "Newark Jewelry").
Plaintiff's complaint alleges that in 1956, while he was a resident of California, defendants engaged him as a salesman on a commission basis. The complaint then says that in 1958:
"5. Newark Jewelry desired plaintiff to devote part of his time to developing new territories for the sale of their goods, to engage and train additional salesmen, and to supervise the promotion and sale of defendants' products. Pursuant thereto defendants and plaintiffs negotiated a new contract of employment which was to extend for a period of 2 years.
6. In September, 1958, plaintiff was to return to California; shortly before leaving plaintiff informed defendants that unless he was assured of employment with Newark Jewelry pursuant to such a contract of employment as referred to in paragraph 5 hereof, he would not return to New Jersey.
7. Defendants assured plaintiff in September that they were in agreement and that they understood and intended to be bound by the oral agreement between them and a formal contract memorializing their agreement would be prepared and executed upon plaintiff's return from California. Said oral agreement was as follows: [then followed the alleged terms of the agreement]
8. Relying on said oral agreement, plaintiff leased a home at * * * Metedeconk, New Jersey; said lease to extend from November 1, 1958 to January 1, 1959 * * * and made his home at said address on or about November 15, 1958.
9. During November and December, 1958, plaintiff on several occasions, and particularly on December 20, 1958, plaintiff inquired of defendants about the signing of a formal contract memorializing said oral agreement. On every such occasion defendants or one of them assured plaintiff that he should not be concerned by the delay in formalizing their agreement by a written contract; that they had agreed orally and that the execution of written contracts was just a formality which would be completed as soon as his lawyer had time to prepare the papers.
10. On each of said occasions during November and December, 1958, plaintiff informed defendants or defendants had reason to know that jewelry salesmen were engaged on at least an annual basis prior to the Christmas season at the end of December by reason of the seasonal nature of the jewelry business.
11. On January 24, 1959, defendants presented plaintiff with a written agreement, a copy of which is attached hereto which did not conform to the terms of said oral agreement between them. Plaintiff demanded that said written agreement be corrected to conform to said oral agreement and defendants refused to do so.
12. By reason of the foregoing, plaintiff was discharged and has been unable to obtain other suitable employment under the same or
comparable terms, causing him damage and loss of the benefit of his ...