Majority
p. 633Philip S. Justice, Appellant, v. William B. Lang et al., Respondents. (Argued November 39, 1875; decided December 7, 1875.)
Headnote
• This case has been twice before this court previous to the present appeal. ( 42 N. Y., 498 ; 52 id., 323.) The referee, upon the last trial, found, as a question of fact, that the memorandum or agreement sued upon was not delivered absolutely as a valid agreement, but conditionally, and that plaintiff did not perform the conditions. Held, that it was
p. 634
properly disposed of as a question of fact, and the referee’s finding was conclusive.
Samuel Hand for the appellant.
O. Smedburgh for the respondents.
reads for affirmance.
All concur.
Judgment affirmed.