Buechler v. Pickrell

Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. There is dispute between the parties concerning what occurred on May 4, 1929, when, as plaintiff claims, there was a sale and delivery of the certificates of stock. Whether the transaction culminated in a sale, or an accepted agreement to sell, is, under the circumstances, a question of fact. It rests with a jury to determine not only the facts as to whether the minds of the parties actually met but also the intention of the parties at the time in relation to their acts. (Pers. Prop. Law, §§ 99,…