Henderson v. Zubik

Opinion by

Mr. Justice Arnold,

This appeal is from the lower court’s refusal to enter judgment n.o.v. or grant a new trial following the jury’s verdict for the appellee in amount of $16,350, including interest. The present dispute arose after the termination of a partnership venture, which had been established orally by the parties, about June 1, 1949, and continued until April, 1950.

At time of trial the appellee introduced into evidence without objection certain portions of the pleadings, containing the provisions of the oral agreement. However, the defendant’s answer averred facts which…