Gerfin v. Colonial Smelting & Refining Co.

Opinion by

Mr. Justice Bell,

Plaintiff brought, an action in assumpsit to .recover additional commissions of $9,088.44 with interest, which he claimed to be due him, because the oral agreement for commissions made between himself and the de*67fendant in July, 1948, and for which he had been paid in full, was obtained by defendant’s fraudulent misrepresentation. The jury rendered a verdict for plaintiff’s claim with interest; defendant’s motion for judgment n.o.v. and for a new trial were dismissed; judgment was entered on the verdict, and from such judgment defendant took this appeal.

Stripped of…