Du Bois v. Du Bois Plastic Products, Inc. — 297 N.Y. 775

Majority

p. 775

Virginia I. Du Bois, as Executrix of Joseph E. Du Bois, Deceased, Appellant, v. Du Bois Plastic Products, Inc., Respondent.

Argued November 18, 1947;

decided January 15, 1948.

p. 776

Walter C. Newcomb for appellant.

Selby G. Smith and Archibald M. Laidlaw for respondent.

Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division. Upon evidence as to which there is no conflict we agree to the construction put upon the contract in question by the Special Term. No opinion.

Concur: Lotjghban, Ch. J., Lewis, Conway, Desmond, Thachek, Dye and Fuld, JJ.