NEVILLE v. SCOTT


182 Pa.Super. 448 (1956)

Neville v. Scott, Appellant.

Superior Court of Pennsylvania.

December 28, 1956.


Attorney(s) appearing for the Case

Thomas H. Cauley, with him Cauley & Birsic, for appellant.

Samuel Avins, for appellees.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ.


OPINION BY WRIGHT, J., December 28, 1956:

On November 17, 1950, Wilkins M. and Frances M. Neville, husband and wife, instituted an action in assumpsit against Bart J. Scott to recover damages for breach of contract. The jury found for the plaintiffs in the sum of $2,761.00. Defendant filed motions for judgment n.o.v. and for a new trial. The court en banc overruled both motions, but conditioned its refusal of a new trial upon the filing of a stipulation by plaintiffs...

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