Penneys v. Segal

Opinion by

Mr. Justice Benjamin R. Jones,

This is an appeal from an order of the Court of Common Pleas No. 4 of Philadelphia County which *310granted a new trial in an assumpsit action upon the ground that the trial court inadequately instructed the jury on the subject of the burden of proof.

Samuel Segal, Jr. (Segal), in November, 1953, received a telephone call from a Mrs. Daoud who is engaged in the jewelry and furniture business, under the name of Daoud Brothers, in Atlantic City and elsewhere. Mrs. Daoud suggested, since the business was in need of ready cash, that Segal might be interested in…