Whether or not the contracts in controversy were cancelled presented issues of fact and should not have been determined as a matter of law. It was error, therefore, to exclude the proffered testimony of Jacob Solomon to the extent that it bore on the question of whether or not there was in fact a cancellation. In reversing for the reason indicated, we in no way express any opinion on the merits of the controversy.
Judgment unanimously reversed and a new trial ordered...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.