Opinion
December, 1916.
As the case now stands it is controlled by the "second" clause of the written contract between Schwob and Goodwin. That clause is clear and apparently free from ambiguity. The trial court erred in its interpretation. The "fifth" and "sixth" findings of fact, and the "first," "second" and "third" conclusions of law are reversed. The judgment is reversed, with costs of this appeal to the appellants, and a new trial is granted, costs to abide the final award of costs. Thomas, Carr, Stapleton, Mills and Putnam, JJ., concurred.