Smith v. Marcus

Opinion by

Hirt, J.,

In this action the plaintiffs recovered a verdict for $924 against Jay Jay Home Improvement Company, a partnership, based upon a modification of a written instrument by parol which the lower court sanctioned. The jury found in favor of the defendant, Portner, and that verdict is not questioned. In this appeal the defendant partners contend that they are entitled to-judgment n.o.v. ; i

The plaintiffs in August 1947 entered into a written contract with Edward Portner, referred to at the trial as the additional defendant, for remodeling a house owned by them in Philadelphia.…