Adam Pekny v. Andrew Hrabosky

Opinion by

Cunningham, J.,

This action of assumpsit, in which plaintiffs, husband and wife, sought to recover a money judgment under a contract, partly written and partly verbal, providing for an exchange of real estate, originated in the county court of Allegheny County.

The result there was a verdict in favor of the plaintiffs for $1,243.24; defendants’ motions for a new trial and for judgment n. o. v. were denied and, upon their petition, the common pleas allowed an appeal. The case was not retried in the common pleas because that court sustained the contention of the defendants, raised at…