Cundill v. A.W. Millhauser Corporation

Full title: FRANCIS A. CUNDILL, Respondent, v. A.W. MILLHAUSER CORPORATION, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1927

219 App. Div. 834 (N.Y. App. Div. 1927)

Opinion

March, 1927.

Order denying defendant's motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. If there was any ambiguity in the contract, due to the use of the words "No arrival, no sale," the intention of the parties can only be determined after a trial of the issues. Kelly, P.J., Manning, Young, Lazansky and Hagarty, JJ., concur.