Philadelphia v. Holmes Electric Protective Co.

MacNeille, J.,

— The court gave binding instructions for plaintiff and the jury accordingly returned a verdict in the full amount of plaintiff’s claim, to wit, $40,395.82, with interest, making a total of $67,-737.98. We are now considering defendant’s motion for a new trial and for judgment non obstante veredicto.

This is an action in assumpsit to recover a percentage of the gross receipts of defendant company for each of the respective years from March 1, 1918, to March 1, 1937, which the city alleged was due it under an ordinance of 1906, in addition to the payments which defendant company…