O'Donnell v. Union Paving Co.

Opinion by

James, J.,

The plaintiff sued in assumpsit on an oral agreement with defendant’s superintendent whereby plaintiff was employed to excavate dirt, stone, etc., with a gas-air shovel at an hourly rate of |5. Upon the trial defendant’s point for binding instructions was refused and a verdict rendered in favor of the plaintiff; defendant’s motion for judgment non obstante veredicto was refused; judgment entered on the verdict, and this appeal followed.

Appellant is a corporation engaged in the contracting business with its principal office in the City of Philadelphia. In November 1932, it…