Campbell v. Jimenes

5 Misc. 593, 56 N.Y. St. Rep. 900

Opinion

Newburger, J.

Our appellate court having held (Campbell v. Jimenes, 3 Misc. Rep. 144) that the terms of the contract between plaintiff and defendant were ambiguous, and that the meaning of the instrument can only be determined by a jury, the trial justice, therefore, properly denied the defendants’ motion to dismiss.

There appears to be no other exception in the case of merit,. and judgment must, therefore* be affirmed, with costs.

Ehrlich, Ch. J., concurs.

Judgment affirmed, with costs.