Vanderbilt Amusement Co. v. Royce

The issues to be determined at Trial Term were whether or not the two contracts involved, to wit, defendant’s contract with the amusement company and the Moran-Montgomery contract, were rescinded, canceled and annulled by mutual consent; and whether in consideration thereof defendant agreed to return the $4,000 which he had received as an advance on the amusement company contract.

On these issues the contention of plaintiff was that there had *196been such .a cancellation and annulment and such a promise to repay. The contention of the defendant was that the Moran-Montgomery contract had been…