RANDY KNITWEAR, INC. v. AM. CYANAMID CO.


7 N.Y.2d 791 (1959)

Randy Knitwear, Inc., Appellant, v. American Cyanamid Company et al., Defendants, and Fairtex Mills, Inc., Respondent.

Court of Appeals of the State of New York.

Decided November 25, 1959.


Attorney(s) appearing for the Case

Daniel Levy and Jerrold M. Sonet for appellant.

Sidney Fox for respondent.

Donovan Leisure Newton & Irvine for American Cyanamid Company, amicus curiæ.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.


Per Curiam.

Even assuming that the law of New York, rather than that of Pennsylvania, controls the construction of the contracts here involved — and we have neither considered nor passed upon the matter — it is our conclusion that issues of fact exist which require a trial for their determination. It is enough to note that amongst such issues are these: (1) What did the parties intend by use of the typewritten...

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