Opinion
October 25, 1955.
Order unanimously reversed, the motion for summary judgment denied and the judgment vacated, with costs to the appellant. The opposing papers raise issues which may not be disposed of summarily. Among them is the question of alleged fraudulent misrepresentations by plaintiff's agent to induce signing of the contract. There is also a question of fact as to cancellation of the agreement by defendant prior to acceptance by plaintiff. These and all other questions of fact raised on the motion should be tried.
Concur — Peck, P.J., Bastow, Botein and Rabin, JJ.