Order affirmed; and judgment reversed, on the law, and new trial granted; and costs on the appeals from both the order and the judgment shall abide the event of the new trial.
The questions of fact have not been considered. At the trial it was shown that the 1959 agreement between the parties, renewed and amended in 1960 and 1965, contained an article stating that "upon the exercise of the option and upon payment of the total sum of One Hundred Thousand ($100,000...
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