Cundill v. A. W. Millhauser Corp.

219 A.D. 834 Court N.Y. App. Div. English

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p. 834

Francis A. Cundill, Respondent, v. A. W. Millhauser Corporation, Appellant.

Order denying defendant’s motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. H there was any ambiguity in the contract, due to the use of the words “No arrival, no sale,” the intention of the

p. 835

parties can only be determined after a trial of the issues. Kelly, P. J., Manning, Young, Lazansky and Hagarty, JJ., concur.