Berg v. Auto Wheel Industries, Inc.

Order unanimously reversed, with costs, and motion denied. Memorandum: Aside from factual issues relating to the scope and nature of the alleged agreement for payment of plaintiff’s legal services, the record discloses a serious question of the interpretation and meaning, as well as the intention of the contracting parties in their use of the words, “ trade fixtures ” which were part of the clause limiting the purchaser’s liability to assume payment of certain of seller’s obligations. This is espeeally so in light of the fact that plaintiff drew the agreement which forms the basis of this…