Opinion
October, 1893.
William F. Randel, for plaintiff (respondent).
Tracy, Boardman Platt, for defendants (appellants).
Our appellate court having held ( Campbell v. Jimenes, 3 Misc. 144) that the terms of the contract between plaintiff and defendant were ambiguous, and that the meaning of the instrument can only be determined by a jury, the trial justice, therefore, properly denied the defendants' motion to dismiss.
There appears to be no other exception in the case of merit, and judgment must, therefore, be affirmed, with costs.
EHRLICH, Ch. J., concurs.
Judgment affirmed, with costs.