Gebbie v. Mooney

This was an action of assumpsit brought by the appellee against the appellant. The trial before the court and jury resulted in a verdict and judgment in favor of the appellee for $2,500. The record contains no bill of exceptions and therefore the evidence heard at the trial is not before us*

The original declaration consisted of a special count, alleging the non-performance by the appellant of an express contract between the parties and also the common counts. It is urged that the special count presents no cause of action for which a recovery can be had at law. We do not deem it necessary to…