Smith v. Penbridge Associates, Inc.

POPOVICH, Judge.

An emu is not uncommon in Australia or as a clue in an American crossword puzzle. But, unless our research was not extensive enough, we can state that emus have never before in Pennsylvania been the subject of litigation, litigation that has herein produced a small trove of contract law principles.

This is an appeal from the order of May 31, 1994, entered in the Court of Common Pleas of Clarion County denying appellant’s motion for judgment notwithstanding the verdict or, in the alternative, for new trial. 1 Herein, we are asked to determine whether appellant should be held…