Leist v. Schattie

Opinion by

Montgomery, J.,

This is an appeal from the refusal to grant defendant-appellant a new trial in an assumpsit action arising out of a written agreement between him and Herman J. Leist, the appellee, for the sale of appellee’s taxi business, the Checker Cab Company, to the appellant. The sale was conditioned upon its approval by the Public Utility Commission. The agreed consideration was $13,000, and the business included, inter alia, four Plymouth cabs and one Checker cab; The parties agreed further that until the transfer received the approval of the Public Utility Commission the…