PEPPER v. PENN-DIXIE CEMENT CORP.


35 A.D.2d 583 (1970)

Frank Pepper, Appellant, v. Penn-Dixie Cement Corporation, Respondent

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

July 20, 1970


Appeal from order of May 29, 1968 dismissed, without costs, as academic. Order of September 16, 1968 reversed insofar as appealed from and judgment reversed, on the law, and new trial granted, with costs to abide the event.

The questions of fact have not been considered. In our opinion, the issue of whether the sale of the property in question was consummated as a result of plaintiff's efforts presents questions of fact which must be left to a jury. All the witnesses...

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