Winters v. North Kensington Refinery, Inc. — 282 N.Y. 663

Majority

p. 663

Myron Winters, Appellant, v. North Kensington Refinery, Inc., Respondent.

Submitted January 19, 1940;

decided March 5, 1940.

Michael C. Bernstein and Bernard Tomson for appellant.

Edward Alan Shure and Isidore Mesibov for respondent.

Judgments reversed and new trial granted, with costs to abide the event. We conclude that ambiguities present in the written contract of employment make doubtful the intent of the parties and present questions of fact to be determined by a jury upon proof of circumstances surrounding the execution of the contract, which evidence

p. 664

must be consistent with the terms of the agreement and explanatory of its meaning. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.