Gessler v. Foote

Opinion by

Cunningham, J.,

The action below was assumpsit to recover a balance of $1,735 alleged to be due upon a contract to build a cemetery vault. The defendant and one of the members of the plaintiff partnership died prior to trial and their personal representatives were substituted. A verdict was returned in favor of the plaintiffs for the amount of their claim; defendants’ motions for judgment n. o. v. and for a new trial were dismissed and they have appealed from the judgment upon the verdict.

The terms of the contract, as originally made, appear from the following letter:

“July 12, 1927.

Mr…