BINGHAM v. TAYLOR


45 A.D.2d 536 (1974)

Edward Bingham et al., Appellants, v. Doyle K. Taylor, Respondent

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

October 24, 1974.


Attorney(s) appearing for the Case

Fred J. O'Donnell for appellants.

George F. Aney for respondent.

MARSH, P. J., CARDAMONE, SIMONS and MAHONEY, JJ., concur.


DEL VECCHIO, J.

The only question now before us is whether the trial court erred in granting defendant's motion for dismissal at the close of the plaintiffs' proof in this action to recover money paid to defendant for a sale of stock. We think that it did, and that plaintiffs are entitled to have resolved by a jury the factual issues whether there was ever a meeting of the minds of the parties such that a contract resulted and, if there was a contract...

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