Mason v. Rose

While I concur in my colleagues’ decision, I do not agree with some of the statements made in reaching it.

1. I agree that the New York rules of conflicts of law control us, and that those rules refer us to the law-of England; I also agree that, whether the law of England or that of California be ultimately governing, the letter of June 5, 1946 (quoted in footnote 1 of Judge Swan’s opinion) is too indefinite to be an enforceable ex-ecutory contract. I disagree only as to a statement unnecessary to the result in which my colleagues answer the question whether, when it is said that New York…