Costanzo v. Chianese

Opinion by

Gunther, J.,

This appeal is from the order of the lower court dismissing defendants’ motions for a new trial and judgment n.o.v. Plaintiff filed suit in assumpsit based on *415an oral contract dated July 10, 1949, for labor and material furnished in construction of defendants’ residence. Prior to the suit in assumpsit, plaintiff filed pleadings for mechanic’s lien and issued a writ of scire facias. The mechanic’s lien, however, due to formal defects, was stricken off. The case was tried on February 18,1953. The testimony of the plaintiff revealed that he stopped work after ten days when…