Electric City Motors, Inc. v. Ross

Opinion by

Gawthrop, J.,

This is an action in replevin. At the first trial the court below directed a verdict for the defendant and subsequently granted a new trial on the ground that some questions of fact were involved. After we affirmed the order granting a new trial (87 Pa. Superior Ct. 827) and the record was remitted to the court below, the case came before that court on the pleadings and an agreed statement of facts. It was stipulated that if plaintiff was entitled to recover upon the agreed facts, judgment should be entered for it, but if it was not, that then judgment should be entered…