Utility Appliance Corp. v. Kuhns

Opinion by

Mr. Justice Cohen,

Plaintiff, a manufacturer of air cooling units, brought an action in assumpsit against the defendant distributor to recover $3,929.88 with interest for goods sold and delivered. Distributor admitted the debt, but alleging the breach of an oral contract for the exclusive sale and distribution of Manufacturer’s products, counterclaimed for $22,682.78 which sum represented commissions allegedly due her on sales made in her territory in 1954 directly by Manufacturer.

The issue of the existence of the alleged contract was submitted to a jury which returned a verdict in…