DeSimone v. Canzonieri

Interlocutory judgment of partition and sale reversed upon the law and the facts and a new trial granted, costs to abide the event. The agreement of May 9, 1934, does not provide in terms for the payment of rent in advance for the period from the date of the agreement to April 1, 1935, and tin. rent for such period would be payable ón March 31, 1935, unless a contrary intent and understanding are shown. There may be, as to the construction of the agreement, enough uncertainty and ambiguity to justify inquiry upon the trial as to the circumstances leading up to its execution by the parties.…