Walter v. Jenkins

Opinion by

Gawthrop, J.,

Assumpsit by a liveryman for $1,320 alleged to be due him for feeding and caring for two horses and storing a wagon, under an oral contract. The plaintiff got a verdict and has appealed from a judgment entered for the defendant n. o. v.

The evidence and verdict warrant the assumption that the jury found the following material facts: The defendant was the sheriff of Schuylkill County from the first Monday of January, 1922, until the first Monday of January, 1926. On October 23, 1924, McCool, a deputy sheriff, made a levy under a landlord’s warrant placed in his hands for…