Heise & Bruns Mill & Lumber Co. v. Goldman

There is but one exception in this record, and that arises from the action of the Court below in granting a prayer at the conclusion of the plaintiffs testimony, directing a verdict for the defendants, upon the ground that there had been offered no evidence legally sufficient to entitle the plaintiff to recover.

The action was in assumpsit and upon the common counts, and was for the purpose of collecting an unpaid balance due the appellant for building materials. The defendant, George O. Goldman, a building contractor, filed a special plea of discharge in bankruptcy, to which no replication…