Reist v. Wogan

Per Curiam,

Plaintiff sued in assumpsit to recover a commission of five thousand dollars claimed to be due him from defendant under an oral contract for securing a purchaser for the Penn Hotel property located in the City of York. At the trial, under conflicting testimony, a verdict was rendered for defendant, which the court subsequently set aside and made absolute a rule for a new trial. That action is the sole reason assigned for error in this appeal, the contention being that in granting a new trial there was a palpable abuse of discretion on the part of the court below.

We have frequently…