Matteo v. Bofoni

Opinion by

Woodside, J.,

We have heard arguments on a motion to quash this appeal and on the merits of the case.

It involves a suit in assumpsit brought by the appellee to recover payments made to the appellant for refrigerators which could not be used for the purposes for which they were sold.

After trial without a jury before Judge Linton of the Municipal Court of Philadelphia judgment was entered in favor of the plaintiff and against the defend*18ant appellant in the sum of $450. Shortly thereafter Judge Linton died and upon motion of defendant the Municipal Court granted a new trial.

The case was…