Huntzinger v. Devlin

Opinion by

Gawthrop, J.,

This suit was in assumpsit to recover for printing paper-books ordered by defendant’s attorney. Defendant was nonsuited. A rule to take off the nonsuit! was discharged and this appeal followed. In our practice a nonsuit is in the nature of a judgment for defendant on demurrer to the evidence, the defendant being considered as admitting every fact which the evidence tends to prove. Prom the evidence in this record the jury would have been warranted in finding the following facts: In 1917 Lorenzo Anastasia brought suit against this defendant in the Court of Common Pleas…