Shulman v. Wynnewood Co.

Opinion by

Woodside, J.,

This is an appeal by the plaintiff in an assumpsit action from the refusal of the Municipal Court of Philadelphia to remove a compulsory nonsuit entered by the trial judge at the close of the plaintiff’s case.

The action was brought by Martin Shulman against the Wynnewood Company for damages allegedly caused by the failure of the defendant to erect a private dwelling house in conformity with the expressed and implied warranties of an agreement of sale under which the plaintiff was the assignee. The damages were alleged to have been caused by water seepage into the cellar…