Whether or not the contracts in controversy were cancelled presented issues of fact and should not have been determined as a matter of law. It was error, therefore, to exclude the proffered testimony of Jacob Solomon to the extent that it bore on the question of whether or not there was in fact a cancellation. In reversing for the reason indicated, we in no way express any opinion on the merits of the controversy.
Judgment unanimously reversed and a new trial ordered...
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