UNISTEL TEXTILE MACH. CORP. v. STRUTHERS WELLS CORP.


25 A.D.2d 625 (1966)

Unistel Textile Machine Corp., Respondent, v. Struthers Wells Corp., Appellant

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

March 8, 1966


Judgment upon a verdict directed in favor of plaintiff, unanimously reversed, on the law, and a new trial ordered, with $50 costs to abide the event.

The intent of the letter of August 24, 1962 was in our opinion a question of fact for the jury, and the determination by the court that the letter constituted a breach of contract as a matter of law must accordingly be deemed error. We find no other evidence on which to predicate a breach of contract as a matter of law...

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