Czeizinger v. Winch — 273 A.D. 942

Majority

p. 942

Charles Czeizinger, Appellant, v. Grover A. Winch et al., Respondents, et al., Defendants.

Judgment reversed on the law and the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the evidence presents disputed questions of fact which require determination by the trier of the fact. All concur. (The judgment dismisses the complaint as to defendants Winch in an action to rescind a contract.) Present — Taylor, P. J., MeCurn, Larkin, Love and Kimball, JJ.