BINDER v. MARCUS


277 A.D. 1022 (1950)

Robert Binder, Appellant-Respondent, v. Samuel Marcus, Respondent-Appellant. (Action No. 1.) David Parris, Appellant, v. Robert Binder, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1950.


Per Curiam.

The conflicting claims and evidence of the parties raised issues of fact for the jury. In the light of all the testimony adduced and the surrounding circumstances, the terms of the agreement should not be held conclusively to indicate any necessary interdependence of the covenants in question, and the trial court, in the first instance, left to the jury all issues, including the real intentions of the parties...

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