MACLI v. PINE BROOK CREST, INC.


4 A.D.2d 885 (1957)

Fred Macli, Doing Business as Mace Painting Service, Respondent, v. Pine Brook Crest, Inc., Appellant

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

October 28, 1957


Judgment reversed and a new trial granted, with costs to abide the event.

The verdict was contrary to the weight of the evidence. The written contract was ambiguous as to whether it related solely to the first house that appellant built or, in addition, to the houses which it subsequently built. From all the evidence in the case, it is clear that the intention of the parties was that the contract relates solely to the first house. Even if the contract be interpreted...

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