Charlick v. Sims & Co.

Opinion by

Linn, J.,

In this action of assumpsit for work and labor performed under a written contract, tbe court directed a verdict for plaintiff. The defense was non-performance. Parts of the evidence on this subject were oral and the defendant’s testimony contradicted plaintiffs’ in essentials. In such circumstances the jury should have been instructed to find the facts on the evidence introduced: Brown v. Judge, 77 Pa. Super Ct. 106; S. C. 80 Pa. Super. Ct. 570; Bartlett v. Rothschild, 214 Pa. 421.

Appellee’s brief states that appellant has not printed all of the evidence and that Rule 55 of…