NASH v. GAY APPAREL CORP.


9 A.D.2d 345 (1959)

Louis I. Nash, Appellant, v. Gay Apparel Corporation, Respondent

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

November 27, 1959.


Attorney(s) appearing for the Case

Joseph M. Callahan of counsel (Henry S. Miller, attorney), for appellant.

Raphael H. Weissman of counsel (Edward J. Mallin, attorney), for respondent.

BOTEIN, P. J., and RABIN, J., concur with BERGAN, J.; M. M. FRANK and VALENTE, JJ., dissent and vote to affirm in opinion.


BERGAN, J.

Decision on this appeal turns on the use of words in a written contract, words which may be read in one sense the way plaintiff reads them and in a literal sense the way defendant reads them. An evaluation must be made as a basis for a declaratory judgment of what was intended to be expressed when the words were set down, to be adduced both from the total contractual language and from the circumstances...

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