General

Philip S. Justice, Appellant, v. William B. Lang et al., Respondents

63 N.Y. 633·New York Court of Appeals·1875·NY

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Opinion

Philip S. Justice, Appellant, v. William B. Lang et al., Respondents. (Argued November 39, 1875; decided December 7, 1875.) • 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 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. [MAJORITY — Allen, J.,] Allen, J., reads for affirmance. All concur. Judgment affirmed.