Judgment reversed, on the law, and new trial granted, with costs to abide the event. The findings of fact below are affirmed.
The daughter of the purchaser (plaintiff) may testify that defendant's testatrix signed a binder in the presence of the daughter, because the latter does not have an interest in the transaction (Whitman v. Foley, 125 N.Y. 651; Walsh v. Herrick, 248 App. Div. 799). Comparison of the signatures on the binder and on the contract...
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