Schoenfeld v. Meckes

Argued October 7, 1949. This suit in assumpsit for services rendered by the plaintiff in connection with the sale of the defendant's hardware business was tried by a court without a jury. The trial judge found for the plaintiff, defendant's motion for judgment n. o. v. was refused, and this appeal followed.

The action is based on an oral contract. The plaintiff is a hardware salesman who for "approximately 17 or 18 years" had "done business" with the defendant, who was engaged in the general hardware business in Philadelphia. According to the testimony of the plaintiff, on or about February…