DANIELS v. GOLDBERG

No. 21251.

173 F.2d 911 (1949)

DANIELS v. GOLDBERG.

United States Court of Appeals Second Circuit.

April 5, 1949.


Attorney(s) appearing for the Case

Schlesinger & Krinsky, of New York City (Robert E. Tinsley, of Malverne, N. Y., of counsel), for plaintiff-appellee.

Stroock & Stroock & Lavan, of New York City (Morton L. Deitch and Martin D. Eile, both of New York City, of counsel), for defendant-appellant.

Before L. HAND, Chief Judge, and CHASE and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. Defendant (relying on his exception to the charge and on the denials of his requests to charge) contends that the judge erred in telling the jury that it must decide for plaintiff unless "there was a full and complete agreement." Defendant thus asserts that the jury should have been told that defendant must win if the jury found an understanding that the notes were to be replaced by five-year notes if defendant bought the factory.

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