Cummings v. Kelling Nut Co.

Opinion by

Mr. Justice Chidsey,

The plaintiff, John A. Cummings, instituted this action in assumpsit against The Kelling Nut Company, defendant, for remuneration allegedly due him under an *450oral contract of employment. A jury rendered a verdict for the plaintiff in the sum of $3,500, and the court below, refusing defendant’s motion for judgment non obstante veredicto, entered judgment on the verdict, from which this appeal is taken.

In March of 1934 plaintiff was employed orally by the defendant as a salesman for its product which consisted of processed assorted nuts, vended from electrical…