Moss v. Bailey Sales & Service, Inc.

Opinion By

Mr. Justice Jones,

This is an appeal by the plaintiff partnership from the refusal of the court below to take off a compulsory nonsuit entered at the trial of their action in assumpsit for the recovery of the value of a tractor which their employee had delivered to the defendant company for repair and which the defendant, upon due demand therefor, was unable to redeliver.

*549At trial, the evidence adduced in the plaintiffs’ case established that the defendant company operated a service garage for trucks and that, in conjunction therewith, it maintained what is known as a “truck-stop”…