Lombardo v. Gasparini Excavating Co.

Opinion by

Me. Justice Chidsey,

Plaintiff appellant brought this action in assumpsit to compel defendant corporation to account for the profits realized from a coal stripping operation and to pay plaintiff 50 per cent thereof. The case was tried before a jury and resulted in a disagreement. Pursuant to defendant’s motion, the court below in a unanimous decision entered judgment upon the whole record in favor of the defendant, under the provisions of the Act of April 20, 1911, P. L. 70, 12 PS §684. Plaintiff thereupon took this appeal. In reviewing the record we will consider the facts and the…