Winters v. North Kensington Refinery, Inc.

New York Court of Appeals

Winters v. North Kensington Refinery, Inc.

26 N.E.2d 804, 282 N.Y. 663, 1940 N.Y. LEXIS 1464

DecidedMarch 5, 1940

StatusPublished

This text of 26 N.E.2d 804 (Winters v. North Kensington Refinery, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winters v. North Kensington Refinery, Inc., 26 N.E.2d 804, 282 N.Y. 663, 1940 N.Y. LEXIS 1464 (N.Y. 1940).

Pincite

Opinion

Judgments reversed and new trial granted, with costs to abide the event. We conclude that ambiguities present in the written contract of employment make doubtful the intent of the parties and present questions of fact to be determined by a jury upon proof of circumstances surrounding the execution of the contract, which evidence *664 must be consistent with the terms of the agreement and explanatory of its meaning. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.

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Judgments reversed and new trial granted, with costs to abide the event. We conclude that ambiguities present in the written contract of employment make doubtful the intent of the parties and present questions of fact to be determined by a jury upon proof of circumstances surrounding the execution of the contract, which evidence *664 must be consistent with the terms of the agreement and explanatory of its meaning. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.

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Bluebook (online)

26 N.E.2d 804, 282 N.Y. 663, 1940 N.Y. LEXIS 1464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winters-v-north-kensington-refinery-inc-ny-1940.