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MOSS v. BAILEY SALES & SERVICE, INC.

385 Pa. 547 (1956)

Moss, Appellant, v. Bailey Sales and Service, Inc.

Supreme Court of Pennsylvania.

June 25, 1956.

Attorney(s) appearing for the Case

Howard W. Lyon, with him Gilbert D. Levine and Donald E. Williams, for appellants.

Alvah M. Shumaker, with him Joseph R. McFate and Caldwell & McFate, for appellee.

Before STERN, C.J., JONES, BELL, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE JONES, June 25, 1956:

This is an appeal by the plaintiff partnership from the refusal of the court below to take off a compulsory nonsuit entered at the trial of their action in assumpsit for the recovery of the value of a tractor which their employee had delivered to the defendant company for repair and which the defendant, upon due demand therefor, was unable to redeliver.

At trial, the evidence...

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