McCormack v. Jermyn

Opinion by

Mr. Justice Horace Stern,

A jury was instructed that it was its function to find the terms of a disputed oral contract and, from all the circumstances, what the real understanding was of the parties. The jury having found for plaintiff, the court subsequently concluded that the trial judge should have construed the contract as a matter of law, and it entered judgment n. o. v. for defendant. The question on appeal is whether its action in this regard was correct.

William S. Jermyn, defendant, was, as owner, lessee or otherwise, interested in several operations for the mining,…