Brown v. Sheaffer

Opinion by

Linn, J.,

Plaintiff appeals and complains that defendant’s motion for judgment n. o. v. was granted.

The suit was on an oral contract for the sale of tobacco of a value exceeding $500. Plaintiff got a verdict for the amount of his alleged loss on resale of the tobacco after defendant refused to accept it. The court entered judgment for defendant on the ground that no breach of contract was shown. We shall not consider the record in that light, as the contract is unenforceable; section 4 Sales Act 1915 P. L. 543. The court below thought this defense was not available because the…