Zezblatt v. Sampson

The appeal was argued on the basis that the material evidentiary facts were not in dispute. The defendants contended the documents executed on February 20, 1956, although separate, are to be construed as one contemporaneous agreement, and the guaranty of the individual defendants was effective only if the corporate defendant was liable to pay $150,000, and this liability was contingent upon the execution of the Penney lease. Because this lease was not secured through any fault of theirs, the rights of the parties are governed by the prior agreement of June, 1955, and not the contracts sued on.