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CHEMUNG TRUST CO. v. MONTGOMERY WARD

4 A.D.2d 95 (1957)

Chemung Canal Trust Company et al., as Trustees under The Will of Grace Doolittle, Deceased, Respondents, v. Montgomery Ward & Co., Incorporated, Appellant; Frank Collier et al., Respondents, et al., Defendants

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

May 15, 1957.

Attorney(s) appearing for the Case

Charles B. Swartwood for appellant.

William E. Palmer for Chemung Canal Trust Company and others, respondents.

Harry Treinin for Frank Collier and another, respondents.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.

HALPERN, J.

We have before us for construction in this case the provisions of a lease which both sides agree cannot be read literally. On September 25, 1937, Frank E. Doolittle and Elsie, his wife, let to the defendant-appellant Montgomery Ward & Co., Incorporated, certain premises in the city of Elmira for a term of 15 years, commencing on April 1, 1940, with a provision for successive renewals for two additional...

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