Kidder v. Childs — 202 N.Y. 624

Majority

p. 624

Ruth S. Kidder et al., Appellants, v. John L. Childs et al., Respondents.

Headnote

Kidder v. Childs, 130 App. Div. 259 , reversed.

(Submitted June 7, 1911;

decided June 16, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme ’ Court in the second judicial department,

p. 625

entered March 10, 1909, in favor of defendants, upon the submission of a controversy under section 1279 of the Code of Civil Procedure, as to the proper construction of an agreement for the sale of land.

Charles Stewart Butler for appellants.

George M. Mackellar for respondents.

Judgment reversed and judgment ordered for plaintiffs on the submitted controversy, without costs to any party, on dissenting opinion of Miller, J., below.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ.