Harvey Probber, Inc. v. Kauffman

Opinion by

Carr, J.,

This is an appeal from the refusal of the court below to grant defendant’s motion for judgment n.o.v. after a verdict in favor of the plaintiff.

The evidence viewed in the light most favorable to the plaintiff, a furniture manufacturer in New York City, discloses that on November 13, 1951, defendant, a furniture merchant in Reading, Pennsylvania, ordered a sofa from the plaintiff for which he agreed to pay the sum of eight hundred fifty-four and 60/100 ($854.60) dollars. The sofa was shipped by common carrier from New York to the defendant in Reading, Pennsylvania, and upon…