Montgomery v. Greene County Clay Products Co.

Opinion by

Jacobs, J.,

After a trial the jury awarded the plaintiff a verdict in a suit for breach of contract. The defendant filed motions for judgment n.o.v. and for a new trial. The court below entered judgment n.o.v. in favor of the defendant. Plaintiff appeals from that judgment.

The plaintiff having been the verdict winner, the evidence, together with all reasonable inferences there*517from, must be considered in the light most favorable to him. Skoda v. West Penn Power Company, 411 Pa. 323. With that rule in mind we have reviewed the testimony and find the facts to have been as follows:

Plainti…