Malatesta v. Alberti Sales & Service

Ervin, J.,

— Plaintiff recovered a judgment against defendant before an alderman of the *710City of Chester in the sum of $47.50. Defendant appealed and, after several procedural steps which are unimportant to this opinion, the case was tried before a jury which rendered a verdict in favor of plaintiff in the sum of $29.95. Defendant sent a check for this amount to plaintiff’s attorney, who refused to accept it because it did not include costs, and demanded a check in the sum of $58.70, which defendant subsequently sent to him. Defendant’s attorney, being informed of this, advised his client that…