Spencer v. Good Earth Restaurant Corporation

This is an appeal by the defendant from a judgment of the Court of Common Pleas. The trial court granted the plaintiffs’ motion for summary judgment on the issue of liability, accepted jury verdicts in favor of each of the plaintiffs on the issue of damages and denied the defendant’s motion to set aside the verdicts. The sole issue pressed on appeal is whether the court erred in granting the plaintiffs’ motion for summary judgment on the issue of liability.

The complaint, containing four counts, alleged that on or about January 30, 1970, the named plaintiff bought a quantity of chow mein from…