Caporale v. Rubine

The opinion of the court was delivered by

Kalisch, J.

The legal question presented on this appeal is whether the plaintiff made out a case legally sufficient to, warrant its submission, by the trial judge, to a jury for its decision.

The plaintiff below was permitted to recover a verdict for $925' and costs against the defendant below, as damages, for an alleged breach of contract, and to enter judgment on the verdict, from Avhieh judgment the defendant appeals.

The legal question as to the sufficiency of the proof is raised by a motion for a nonsuit, which was denied, and by a motion to direct a…