RICHARDSON v. FRICK CO., INC., 329 Pa. 148 (1938)

197 A. 151

Richardson, Appellant, v. Frick Company, Inc.

Supreme Court of Pennsylvania.January 12, 1938.
January 31, 1938.

Argued January 12, 1938.

Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN and STERN, JJ.

Appeal, No. 73, Jan. T., 1938, from judgment of C. P. No. 4, Phila. Co., March T., 1935, No. 1797, in case of

Page 149

William T. Richardson v. Frick Company, Incorporated.

Judgment affirmed.

Assumpsit. Before McCANN, P. J., specially presiding.

Verdict for plaintiff. Judgment entered for defendant n. o. v. Plaintiff appealed.

Error assigned was judgment n. o. v.

Abraham Wernick, for appellant.

Warwick Potter Scott, Knox Henderson and Ballard, Spahr, Andrews Ingersoll, for appellee, were not heard.

PER CURIAM, January 31, 1938:

We are all agreed that the action of the court below in entering judgment n. o. v. was correct. Appellant’s evidence failed to establish a commission contract with appellee. A review of the record shows that all the testimony of appellant is utterly inconsistent with the existence of the alleged contract. As the parties alone are interested in the facts, it is unnecessary to detail the evidence and their contentions.

Judgment affirmed.