Steinhal v. Cohn

Van Voorhis, J. (dissenting).

The question presented to us on this appeal is whether plaintiffs were entitled to summary judgment. Defendant-appellant contends that he is entitled to a trial in order to resolve what he asserts are at least ambiguities in the written agreement on which he has been held, as well as concerning the measure and amount of damage. In both of these respects it seems to me that he is correct. To induce plaintiffs to sell their business to Lionel, appellant entered into an agreement for the repurchase personally of portions of the Lionel stock which they were to receive…