Anflick v. Gruhler

Opinion by

Mr. Justice Patterson,

Charles .Anflick, appellant, instituted, this action in assumpsit against Jacob Gruhler and Erich Muller, individually, and as copartners, trading as Gem Manufacturing Company,, appellee, to recover-profits alleged to be due from appellee on twelve.separate oral contracts of sale.. The trial judge granted appellee’s motion for a compulsory nonsuit for the reasons, (1) there was a variance between the allegata and the .probata, and (2) appellant-was barred from recovery by reason, of section 4 of the Sales Act. This appeal is from the refusal of the court en…