Solar Electric Corp. v. Exterminator Corp. of America

Opinion by

Mb. Justice Jones,

The plaintiff company sued in assumpsit to recover, under count 1, for the defendant’s failure to pay for goods sold and delivered, consisting of a certain quantity of Insecticide Lamps and, under count 2, for a loss of profits due allegedly to the defendant’s breach of a written contract for the purchase and sale* of 1, 000,000 Insecticide Lanips. -

The case was tried to the court without a jury. At the conclusion of the plaintiff’s case the defendant moved for a compulsory nonsuit. A recess for lunch was taken without any ruling by the trial judge on the…