Tessler v. Rothman

The trial judge stated the questions in this case so clearly in an opinion filed when he granted a judgment non obstante veredicto, that we quote from it as follows:

‘‘This is an action in assumpsit brought by the plaintiff to recover the balance claimed to be due on an oral contract for labor and material furnished in the erection of a building on property of the defendant. It is the claim of plaintiff, that on or about the 27th day of May, 1919, he entered into a written contract with defendant to build a certain brick building on property belonging to the latter, the contract price being…