Weast v. Rice Produce Co.

Biddle, P. J.,

This is an action of assumpsit originally brought in the Court of Common Pleas, and on trial the verdict of the jury was in favor of the plaintiff for $70.36. The defendant has filed a motion that the judgment should be entered without costs, under the provisions of the 26th section of the Act of March 20, 1810, 5 Sm. Laws, 161. This is the matter before us for disposition.

In the brief filed in behalf of the plaintiff, the following appears:

“The following facts are admitted:

“1. The claim of plaintiff in suit was for $323.83, for merchandise, &c., contracted by defendant, made up…