Karwoski v. Berks County Poor District

Shanaman, J.,

This was a suit in assumpsit on an oral contract. An affidavit of defense was filed, admitting, or not sufficiently denying, the facts relative to plaintiff’s claim. At the trial no testimony was taken, but plaintiff offered the admissions contained in defendant’s affidavit of defense. The court directed a verdict for plaintiff for $205.50. Defendant took rules for judgment n. o. v. and for new trial. The sole point raised by defendant at the trial and now is that the agreement whereon suit was brought was within the statute of frauds, and therefore unenforceable because not in…