New York Court of Appeals, 1940

Winters v. North Kensington Refinery, Inc.

Winters v. North Kensington Refinery, Inc.
New York Court of Appeals · Decided March 5, 1940
26 N.E.2d 804; 282 N.Y. 663; 1940 N.Y. LEXIS 1464 (North Eastern Reporter, Second Series)

Winters v. North Kensington Refinery, Inc.

Opinion of the Court

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 *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.

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