Judgment dismissing complaint unanimously reversed, on the law and on the facts, and new trial granted, with costs to abide the event. Appeal from order, entered on June 15, 1960, dismissed as academic.
There was an issue of fact as to the quantity of the steel covered by the contract. The metal plates were owned jointly by all three defendants, and, on the record here, it was error to hold as a matter of law that the contract was not authorized by and binding upon...
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