Harris & Konick v. Gottlieb

Opinion by

Porter, J.,

The plaintiffs in this action of assumpsit seek to recover the amount of the cash payment, made in advance, upon a purchase from the defendant of a lot of “Universalkloth,” which they alleged the defendant had failed to deliver as by the contract required. Plaintiffs recovered a verdict at the trial, but the court entered judgment in favor of the defendant non obstante veredicto, which action is here assigned for error.

The only question which we are called upon to consider is the sufficiency of the evidence favorable to the plaintiffs to require the submission of the case…