People's State Bank v. Monsey Oil Co.

(after stating the facts as above). The evidence was conflicting as to whether the purchase by the oil company of the property in question was conditioned on a transfer to it of the battery company’s lease on the building- in which ’ the latter carried on its business. Hence the action of the trial court in peremptorily instructing the jury as he did cannot be upheld (and the oil company and Barney do not contend it could be) on the ground that it conclusively appeared, as it did, that the lease was never so assigned.

The theory on which the court so instructed the jury (we infer from…