Extein v. Kincus

Opinion by

Fine, J.,

Samuel Extein, appellee, instituted a suit in assumpsit against Herman Kincus, appellant, seeking the return of $2,500 representing a down payment made under an oral agreement for the purchase of appellant’s taproom business. An answer was filed denying the material averments and the matter proceeded to trial before a judge without a jury who after hearing found for the plaintiff for the full amount. At the conclusion of the trial and before judgment, appellant moved for and was denied a continuance on the ground that he had no opportunity to produce at the trial a witness…