Curry v. West

Opinion by

Trexler, J.,

This is an appeal from ia case tried before a jury in the County Court of Allegheny County.

No point for binding instructions was presented nor any exception taken to the charge of the court. The Common P'leas court refused the appeal. Such an appeal should not be allowed unless a retrial on the issues of fact is necessary to prevent injustice, and we may not reverse where an appeal has been refused in the exercise of sound judicial discretion. Harris & Rhodes v. Brinton, 75 Pa. Superior Ct. 68, and cases there cited.

Plaintiff, a real estate agent, claimed that he sold a…