Radist v. Zidel

In an action to recover a balance claimed to be due under a written contract, defendant appeals from a judgment of the Supreme Court, Queens County, entered January 26,1960, upon a directed verdict for plaintiffs, after a jury trial. Judgment reversed on the law and the facts and a new trial granted, with costs to abide the event. There was testimony by defendant and additional circumstantial evidence: (a) that in 1955, the parties orally agreed that, in consideration of defendant’s promise not to file a petition in bankruptcy, but to liquidate the business in which he was engaged, *649he would…