Sciambra v. Emblem, Inc.

REGAN,; Judge

(concurring).

■ The majority opinion finds as á 'fact that there was ‘no meeting of the' minds between plaintiff and defendant with respect to the sale and purchase of the television receiver, the subject of this litigation, and, therefore, no contract of sale existed.

The. reasons for • judgment written by the court, a qua, impressed upon the author *635that initially a question of law and not one ■of fact had ‘been raised by that court and presented to this court, which, because of the very nature of our appellate jurisdiction, required primary consideration in the majority opinion…