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RALPH KLONICK CORP. v. BERKSHIRE LIFE INS. CO.

277 A.D. 1158 (1950)

Ralph Klonick Corporation, Appellant, v. Berkshire Life Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 28, 1950.

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

The questions of fact which the jury was called upon to determine were: Did Hynes, defendant's treasurer, agree with plaintiff to sell the property to Sher, plaintiff's client, for $51,000 as testified to by Klonick? Was there sufficient proof to establish, from all the facts and circumstances...

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