Cameron, to Use v. Eynon

Opinion by

Me. Justice Steen,

This is an appeal from the overruling of defendant’s motion for judgment n. o. v. There was no application by him for a new trial, but the record is so unsatisfactory, and evidences such misconception by the parties of the substantive and procedural law properly applicable to the situation, that in our opinion it is necessary that the case be re-tried so that its structure may be rebuilt from the foundations.

All the evidence at the trial was given by plaintiff and according to his testimony the facts were as follows: Plaintiff for years conducted in Scranton a…