Kampman v. Pittsburgh Contracting & Engineering Co.

Opinion by

Mr. Justice Schaffer,

This suit was brought to recover the price of building materials for which plaintiff claims defendant is responsible by reason of the oral contract of one of its officers. The jury found in plaintiff’s favor. The court entered judgment for defendant non obstante veredicto. Plaintiff appeals.

Defendant was the general contractor engaged in the. construction of a theatre building. The plastering contract had been sublet by it to J. E. and W. E. Miller. The latter purchased materials from plaintiff, who testified that on November 6, 1928, he was doubtful of the…