Clair, to Use v. Doherty

Opinion by

Mr. Justice Linn,

This appeal was submitted without oral argument. The statement of question involved as presented by appellant (and which limits our review: Gold v. Fox Film Corp., 289 Pa. 429, 432, 137 A. 605) is as follows: “Did the defendant establish, in law, its right to recover so that the court below -was justified in ordering a directed verdict in favor of the defendant?”

Plaintiff’s claim was admitted, and his complaint here is that the learned trial judge gave binding instructions against him on two of defendant’s counterclaims. Defendant claimed a sum much in excess of…