Irving Trust Co. v. Park & Tilford Import Corp.

Dore, J. (dissenting).

Defendant Park & Tilford Import Corporation appeals from a judgment in plaintiff’s favor after trial before the court and a jury on a directed verdict by the court after both sides had rested at the close of the whole case and after the court had granted plaintiff’s motions to dismiss defendant’s defenses and counterclaims and after both sides had moved for direction of verdict.

On August 14, 1933, the defendant, as seller, and one C. R. Hill, as buyer, entered into a written contract under the terms of which the defendant agreed to sell and the buyer agreed to buy title…